• New Broader Standing Requirements for Patent False Marking Lawsuits May Put More Companies at Risk
  • November 25, 2010 | Author: Brian C. Anscomb
  • Law Firm: Norris McLaughlin & Marcus, P.A. A Professional Corporation - New York Office
  • The Court of Appeals for the Federal Circuit’s decision in Stauffer v. Brooks Brothers (hereinafter “the Stauffer decision”), August 31, 2010, rejects the District Court’s attempts to narrow standing requirements for lawsuits brought under 35 U.S.C. § 292 (hereinafter “Section 292”). In view of the Stauffer decision, companies across all industries should expect a surge in the number of qui tam (i.e., lawsuits brought by a private person on behalf of a government) false marking claims filed under Section 292. The claim in the Stauffer decision had to do with marking a product with an expired patent number. As a result of this expected surge in false marking claims, companies should implement procedures that reduce liability under Section 292.