False patent marking suit targets the FRISBEE disc

A newly-formed company based in Pittsburgh has filed a lawsuit against Wham-O and Nylabone Products, asserting that the FRISBEE flying disc is marked with the number of an expired patent.  In FLFMC LLC v Wham-O, the complaint states that the FRISBEE flying disc is marked with U.S. Patent Number D310,691, and that the patent expired in 2004.  The complaint seeks a fine from the defendants under Section 292(a) of the U.S. Patent Act.