Patentee's "Policy and Practice" of Marking was Insufficient to Establish Compliance with Marking Requirement

The court granted defendants' motion for summary judgment of lack of constructive notice where plaintiffs could not establish compliance with the marking requirement. "[E]vidence of current company policy and practice, without any other evidence of compliance with the marking requirement during the relevant time period, is insufficient to overcome a motion for summary judgment. . . . The plaintiffs merely speculate that molds sold to other . . . customers would have been marked based on their policy and practice. Importantly, they fail to offer any photographs, affidavits, testimony, or supplementary declarations from any . . . customers confirming marking on their molds."

von Holdt v. A-1 Tool Corp., 1-04-cv-04123 (ILND May 17, 2010, Memorandum) (Manning, J.)