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.  The court remanded for consideration on the merits, including consideration of Brooks Brothers' motion to dismiss for failure to state a claim because the complaint did not allege intent to deceive with sufficient specificity.