Over the weekend, I had to remove the battery from my BlackBerry.  A label inside the case includes the statement:  "Patents:  http://www.rim.net/patents."  This is the only patent-related marking I could find on the device.

Before the BlackBerry, I have never noticed a product marking that consisted solely of a reference to a website.  Its an interesting idea, and, I think, an elegant solution to a problem that has troubled patentees for years — keeping a product marked with an updated list of relevant patents.  New labels, new molding forms, etc.  Always a challenge.

The website idea is very interesting.  The format is easily updated and gives the public a readily available listing of patents (I’m disregarding the fact that the BlackBerry patent website hasn’t been updated since May 8, 2003).  It seems like a great solution.  But, is it a legally sufficient marking?

If yes, I see at least two major advantages for the patentee/manufacturer:

• It eliminates the problem of keeping product labeling and/or product tooling up to date.  I can imagine that, for certain types of products, this could save large amounts of money.
• By reviewing readily-available website statistics and logging details, the patentee/manufacturer could monitor the visitors, possibly gaining information about those who have notice of the patents.

I’d appreciate e-mail from anyone who has examples of other similar patent markings and/or case citations specifically relating to the issue.  I wonder if it has been addressed in the ongoing Blackberry litigation.