Can a private party enforce a federal statute?
Abstract: A patent attorney purchased bow ties marked with numbers for two patents that expired in 1954 and 1955. He brought a qui tam action against the clothier under the false marking statute, which prohibits marking an unpatented article, in a way that indicates the article is patented, for purposes of deceiving the public. But the district court dismissed this particular action, finding that the attorney lacked standing to bring the claim because he’d failed to show that the government had suffered an injury. This article discusses the particulars of the qui tam provision. Stauffer v. Brooks Bros., Inc., Nos. 2009-1428, 2009-1430, 2009-1453, August 31, 2010 (Fed. Cir.)