We’re all potential false marking plaintiffs now. On Tuesday, a three-judge panel of the U.S. Court of Appeals for the Federal Circuit ruled that whistle-blowers who bring false marking cases don’t have to show that they were personally harmed, which opens up the field to anyone who notices a falsely marked product.
The case before the court involved bow ties sold by Brooks Brothers. Raymond Stauffer, an IP lawyer at Carella, Byrne, Cecchi, Olstein, Brody & Agnello in Roseland, filed a false marking qui tam suit in December 2008, alleging that Brooks Brothers marked its ties with false patent information. In June 2009, Southern District of New York Judge Sidney Stein granted Brooks Brothers’ motion to dismiss. Judge Stein found that Stauffer lacked standing because he couldn’t show that either he or the government was harmed by the allegedly false marks.
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