A lower court had ruled Stauffer lacked standing because he did not allege an actual injury to a Brooks Brothers competitor, the bow-tie market, the economy or the public, Law360 says.
Reuters says false marking suits like Stauffer’s “have become something of a cottage industry in the patent world.” Another lawyer who sought trillions of dollars in damages in a suit over an expired Solo Cup patentlost his case in June when the Federal Circuit ruled he had failed to prove the company intended to deceive the public with the false mark.
That issue remains in Stauffer’s case. The appeals court instructed the lower court to address the merits of the case, including Brooks Brothers’ motion to dismiss claiming Stauffer failed to adequately allege an intent to deceive.
The critical element is intent, without it the ridiculous damages will never be awarded.