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IPO DAILY NEWS™

Wednesday, September 1, 2010

IPO’S FEDERAL CIRCUIT SUMMARIES™:

* * * * Patent Attorney Had Standing as "Any Person" To File False Marking Suit -- Stauffer v. Brooks Brothers, Inc. 2009-1428 -- On August 31 in an opinion by Judge Lourie, the Federal Circuit reversed a district court's dismissal of Stauffer's qui tam action for lack of standing. Stauffer, a patent attorney, alleged that Brooks Brothers falsely marked its bowties with long-expired patents. The Federal Circuit concluded that Patent Act 292(b), which provides that "[a]ny person may sue for the penalty" of false marking and apportions the penalty between the claimant and the government, gave Stauffer standing to sue. Because the government's interests would not be adequately represented by Stauffer and the government would be estopped from suing should Stauffer lose, the government was entitled to intervene.

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LAW/ADVOCACY UPDATES

No Patent Infringement Because Mechanical and Magnetic Latches Were Not Section 112, Para. 6 Equivalents -- General Protecht Group, Inc. v. Int’l Trade Comm’n 2009 - 1378 -- On August 27 in an opinion by Judge Dyk, the Federal Circuit reversed an ITC finding that General Protecht products infringed patents owned by intervenor Pass & Seymour.  The patents were for electrical receptacles found in bathrooms and kitchens designed to trip when a ground fault is detected.  One patent claimed a device including a “latching means,” which the specification described in mechanical terms.  In contrast, General Protecht’s products used magnetic latches.  The Federal Circuit, applying Patent Act section 112, paragraph 6, did not find substantial evidence that the magnetic latch was an equivalent.  Judge Newman dissented, arguing the court erred in relying on a prior case involving mechanical and magnetic latches.  The court decided companion case 2009 - 1338 the same day.

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