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US: Bow Ties and Patent Trolling




By Sébastien ODDOS member of a.d.c.i. - Date : 2010-09-03 - Country : ETATS-UNIS - Subject : Litigations - IP Field : Intellectual Property


Mr. Stauffer, a self-described “sharp-dressed man” (according to the Wall Street Journal) is also a patent lawyer. He recently noticed that Brooks Brothers’ bow ties were marked with expired patents.

Unselfishly determined to “do a service to the United States” (and of course make some money in the process), Mr. Stauffer sued Brooks Brothers under the US federal patent law’s “qui tam” or private attorney general provision. The risk for the defendant was up to $500 in damages for each mismarked bow tie.

A federal trial judge dismissed Mr. Stauffer's suit, holding that he had proven no injury in fact to himself or [...]

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