United States Federal Circuit

In plaintiff's qui tam action against Brooks Brothers under 35 U.S.C. section 292, claiming that defendants falsely marked its bow ties, district court's dismissal of plaintiff's claim for lack of standing and denial of government's motion to intervene is reversed where: 1) plaintiff had standing as he has sufficient 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; and 2) the district court made an error of law in denying the government's motion to intervene under Rule 24(a)(2).

Appellate Information

• Decided 08/31/2010
• Published 08/31/2010

Judges

• LOURIE

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Stephen L. Baker