FEDERAL CIRCUIT GRANTS WHISLEBLOWERS THE RIGHT TO SUE

12/4/2010

CHICAGO-(AEAE) The Federal Circuit's unanimous panel ruling in Stauffer v. Brooks Brothers Inc. reversed a Southern District of New York decision that Raymond Stauffer, a pro se litigant and patent attorney in Chatham, N.J., did not have standing to sue Brooks Brothers for making adjustable bow ties that are marked with expired patent numbers. Frisbee maker Wham-O Inc. is mounting a constitutional challenge in the U.S. Court of Appeals for the Federal Circuit to a statute that allows whistleblowers to sue companies for falsely labeling their products as covered by patents. Wham-O's notice claims the false marking statute violates the constitution's "take care" clause, which calls for the president to "take Care that the Laws be faithfully executed."

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