AMD sued over false patent marking

Chip firm Advanced Micro Devices (AMD) is being sued for marking products with patents that have expired.

The case, brought by Kilts Resources LLC, relates to title 35, section 292 of the United States Code and relayes to AMD RS690M products.

Kilts said it brought the lawsuit to act in the public interest to enforce the policy underlying the false marking statute.  It alleges that AMD has branded RS690M products to be marked with expired patent numbers.

Kilts said it wants monetary damages of no more than $500 for each of the alleged violations, half of which the US government will get.

“The defendant has wrongfully and illegally advertised patent monopolies that it does not posses and, as a result, has benefited by maintaining a substantial market share with respect to the products referenced in this complaint,” the filing says.

The expired patents are 4,577,216; 4,631,603; and 4,829,098. This last patent does not appear to relate to AMD, suggesting a mistake in the filing.

These patents are now in the public domain, the filing continues. “When a patent expires, monopoly rights in the patent terminate irrevocably and, therefore, a product market with an expired patent is not ‘patented’ by such expired patent.”