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Stauffer v. Brooks Bros. Inc., 09-1428

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By FindLaw Staff on August 31, 2010 8:54 PM

Stauffer v. Brooks Bros. Inc., 09-1428, concerned a challenge to the district court's dismissal of plaintiff's claim for lack of standing and denial of government's motion to intervene, in plaintiff's qui tam action against Brooks Brothers under 35 U.S.C. section 292, claiming that defendants falsely marked its bow ties.  In reversing the decision, the court held that plaintiff had standing as he has sufficiently alleged (i) an injury in fact to the United States that (ii) is caused by Brooks Brothers' alleged conduct, attaching the markings to its bow ties, and (iii) is likely to be redressed, with a statutory fine, by a favorable decision.  Further, the district court made an error of law in denying the government's motion to intervene under Rule 24(a)(2).

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