The Federal Circuit's Tuesday ruling in Stauffer v. Brooks Brothers permits qui tam relators to sue over mismarked patents, even when they have not personally been injured; together with an earlier decision that the $500 fine for violating the statute is calculated per mismarked item, rather than per incident, exposes manufacturers to potentially billions of dollars of liability. Naturally, a number of plaintiffs' lawyers are engaging in rent-seeking. [WSJ; Reuters; Bloomberg]
"New Breed of Patent Claim Bedevils Product Makers"
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- Study: patent trolls cost at least $500 billion
- Around the web, September 20
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- More on the Eastern District of Texas
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- Around the web, August 25
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- "This American Life" on patent trolls and the patent arms race
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- Around the web, August 1
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| Isaac Gorodetski Project Manager, Center for Legal Policy at the Manhattan Institute igorodetski@manhattan-institute.org |
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| Laura Eyi Press Officer, Manhattan Institute leyi@manhattan-institute.org |



