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Justin E. Gray

IP Litigation Attorney at Foley & Lardner LLP

Former Adjunct Professor at Northwestern University School of Law

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Federal Circuit Finds Standing in Stauffer v. Brooks Brothers

Stauffer v. Brooks Brothers, Inc. (Fed. Cir. Aug. 31, 2010)

Today, the Federal Circuit released its decision in Stauffer v. Brooks Brothers, finding that qui tam plaintiff Stauffer "had standing to sue Brooks Brothers" and remanding the case to the district court to address Brooks Brothers' motion to dismiss regarding proper pleading of the "intent to deceive" element of the false marking claim.

The court also reversed the district court's decision denying the government's motion to intervene.

Gray on Claims, in conjunction with Docket Navigator®, is providing a false marking chart that is updated daily with new false marking cases as well as status updates on pending cases.  A downloadable PDF chart is available on this page as well including information on the specific patents and products at issue in each litigation.  Other writings on false marking can be found here.