Does this still stand?
Yes. Deceptive use of 'patent pending' is an offense.
More here from USPTO
And more here from UK IP Office
If I put a Patent Pending notice in a product do I have to describe it in the product?
Not required. But you have to mention the patent application number and the country where the patent is applied for. UK information here.
I believe you are asking about Patent Marking.
Patent Marking is when you indicate on your product that it is patented for the purpose of giving due notice to the world about your patent. It is not required, but it has very important benefits which is why most practitioners suggest marking your products.
35 USC 287 deals with giving notice by marking your ...
John, If I understand you question correctly, you are not likely to suffer any liability here in the US.
False Marking: It appears to me that you are asking a question that would fall within the doctrine of False Marking. In the US, false marking occurs when marks an unpatented product as patented for the purpose of deceiving the public. 35 U.S.C. 292. ...
In US Patent law have provisions for false marketing:-
35 U.S. Code § 292 - False marking
(a) Whoever, without the consent of the patentee, marks upon, or
affixes to, or uses in advertising in connection with anything made,
used, offered for sale, or sold by such person within the United
States, or imported by the person into the United States, the ...
Assuming you're putting the marking on the box, in a help screen, or in the documentation (i.e., where the product with which it's associated is obvious) it's pretty routine to just say something like "Protected by one or more of the following US patents: XXXX, YYYY, ZZZZ", without trying to specify any more about product vs. technology.
Companies are NOT required to mark their product with patent numbers, but if they do they can demonstrate willful infringement on the patent if you decide to copy the product.
From 35 U.S. Code § 287
In the event of failure so to mark, no damages shall be recovered by the patentee in any action for ...
What kind of penalties should I expect when putting patents that expired in my products?
None. Immaterial of the type of product (hardware or software) there is no penalty when you implement expired patents into your products.
However, it would be a smart decision to check and verify if the patents have really expired or they have been renewed. Some ...