Stauffer Paves Way For New False Marking Defenses

Law360, New York (September 8, 2010, 6:54 PM EDT) -- While the U.S. Court of Appeals for the Federal Circuit’s Stauffer ruling is not going to deter individual plaintiffs from taking their false patent marking suits to the courthouse, it gives defendants a few extra arguments that could help knock out cases earlier, experts say.

The Federal Circuit on Aug. 31 reversed a district court’s dismissal of patent attorney Raymond Stauffer’s suit accusing Brooks Brothers Inc. of falsely marking its adjustable ties with expired patents, finding the plaintiff had qui tam standing to enforce Section 292...
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