• The Roylance Report on Oral Arguments in Stauffer v. Brooks Brothers Inc., No. 2009-1429 (Fed. Cir.) Held August 3, 2010 
  • December 28, 2010
  • Law Firm: Roylance, Abrams, Berdo & Goodman, L.L.P. - Washington Office
  • Appellee Stauffer is a patent attorney in private practice in New York. In 2007, he sued Brooks Brothers under the qui tam provisions of 35 U.S.C. §292 for adjustable bow tie slides with patent numbers that had expired 50 years ago. Brooks Brothers moved to dismiss Stauffer’s complaint under Fed.R.Civ.P. 12(b)(1) on the grounds that the complaint failed to identify an injury-in-fact (i.e., a pecuniary injury) that would provide Stauffer with standing under Article III of the U.S. Constitution.