Adli Law Group

New York (August 3, 2010)–In a federal appeals court on Tuesday, Brooks Brothers argued that a patent attorney lacked standing to sue for falsely marking adjustable bow ties with expired patents because the supplier was ultimately responsible.

The U.S. Court of Appeals for the Federal Circuit held a hearing by Plaintiff Raymond E. Stauffer after the case lacked standing. According to the Plaintiff, the mechanism that allows Brooks Brothers’ bow ties to be adjustable were marked with patents that expired more than 50 years ago. Because it was marked with these particular patents, this reduced competition in the market. Brooks Brothers argued that the Plaintiff should not be allowed to amend the complaint based on the Judge’s factual decision. According to the attorney for Brooks Brothers “Brooks Brothers is not the market. Now if Brooks Brothers is not the marker, then there is no damage, there is no injury.”
The judge ruled that Stauffer lacked standing to continue with the case because his complaint that competition had been curtailed were “hypothetical” and that he didn’t say which competitor was specifically harmed by the false marking.

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