Legal Industry News
September 1, 2010
Federal Circuit: Patent Lawyer Can Sue Brooks Brothers over Expired Bow Tie Patent Markings
The Court of Appeals for the Federal Circuit has ruled that patent lawyer Raymond Stauffer has standing to sue Brooks Brothers for selling Adjustolox bow ties with expired patent markings.
In so doing, the Federal Circuit reversed the New York Southern District Court’s ruling that dismissed his suit.
In particular, the District Court held that Stauffer had not sufficiently alleged that the United States had suffered an injury in fact from Brooks Brothers’ false marking. According to the Court, “Stauffer’s allegations of Brooks Brothers’ conduct wrongfully quelling competition were too conjectural or hypothetical to constitute an injury in fact.”
The ruling…
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