False Marking Relator, Raymond Stauffer, Goes On Record

Raymond Stauffer, the qui tam false marking relator that sued Brooks Brothers over their marking of bowties with expired patent numbers, gives his plaintiff perspective on false patent marking here:

http://www.pharmalot.com/2010/12/false-patent-markings-big-fines-ray-stauffer-explains/

We'll leave it to you to weigh the truth/falsity of his suppositions.

Note that Mr. Stauffer recognizes that the Federal Circuit did not remand his case to decided whether the Rule 9(b)'s specificity requirement applies, but "to what degree rule 9b is satisfied." Ironically, while both Mr. Stauffer and the Department of Justice (through their amicus in support of BP Lubricants' mandamus petition to the Federal Circuit) recognize the applicability of Rule 9(b) to false marking claims, district courts continue to split on this important question. The Federal Circuit's decision in In Re BP Lubricants, expected in the coming months, should resolve this split once and for all.

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