Federal Circuit Reverses Ruling that Qui Tam Relator did not have Standing Under the False Patent Marking Statute


On August 31, 2010, the United States Court of Appeals for the Federal Circuit issued a decision in a qui tam action under the

"False Marking" statute (35 U.S.C. § 292). In Stauffer v. Brooks Bros, Inc., 2009-1428, -1430, -1453 (Fed. Cir. August 31,

2010), the Federal Circuit reversed the decision of the United States District Court for the Southern District of New York, which

dismissed Stauffer's false marking qui tam action for lack of standing, and denied the government's motion to intervene.

Stauffer v. Brooks Bros., Inc., 615 F.Supp. 2d 248 (S.D.N.Y. 2009); Stauffer v. Brooks Bros., Inc., No. 08-cv-10369, 2009 U.S.

Dist. Lexis 51166 (S.D.N.Y. June 15, 2009).


Brooks Brothers, Inc. manufactures and sells men's bow ties. Some of Brooks Brothers' bow ties are marked with patent

numbers which expired in the 1950s. Stauffer purchased some of the marked bow ties, and brought a qui tam action under 35

U.S.C. § 292 alleging that Brooks Brothers had falsely marked its bow ties. A penalty of up to $500 applies to each individual

article that is wrongly marked.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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