In recent months, would-be plaintiffs have been fanning out across retail stores and the Internet searching for expired patent numbers on everything from toothpaste to toilet plungers.

But we don't need tort or general lawsuit reform or anything, that's fascist.

FTFA: "I would have settled this case for $25,000 back in December of 2008," Mr. Stauffer says. "Brooks Brothers, however, seemed eager to want to litigate the case, and I was delighted to give them the opportunity."


Why would Mr. Stauffer get any money? Did he own the patent?

ozone: I'd imagine that they'd have to pay his lawyer fees if the judgment is against them. "Oh did I say my hourly was $200? I meant $650, and yes I can bill 95 hours a week. That's standard practice."


Who's he representing? Shouldn't a federal prosecutor or something be doing this?

Aar1012: Isn't it a civil matter?


Maybe if it was his patent. Since, the patent rights are granted by the State, you'd think this would be handled by the State.

Our Man in Nirvana: Who's he representing? Shouldn't a federal prosecutor or something be doing this?

He's a lawyer. Frivolous law suits are how he "earns" a living.

Wait...

So, if this is deceptive, the purpose of the deception is to prevent people from copying products that are NOT actually patented, right?


Would you have to prove that you were going to copy the product, and that the fake patent number prevented you from doing so?

ozone: "Every plaintiff in one of these cases is a private attorney general who is doing a service to the U.S. government by helping it enforce the law," Stauffer said Tuesday.

Sounds like he's saying: since the government isn't doing it's job, I'm going to do it for them as long as they don't mind.


Sounds like the Wild West. That explains it, though. Thanks.

Hey patent "lawyers":

radiumsoup: A.) This guy is a douche for trying to game the system for his own personal advantage. Reasoning: He has no actual injury.
B.) Patent law should be adjusted to allow expired patent numbers to remain on products, but not erroneous or false numbers. Reasoning: Patent numbers on products exist for reference so that competitors can go look up the number and see how their product/invention might be infringing on another's patent. If an expired number is listed, the competitor can still look up the patent to do their due diligence and determine any overlap as they normally would, and then see that the patent is expired. In this case, the patent number is not erroneous, just outdated.
C.) This guy is still a douche. Reasoning: I said so.

DNRTFA, but if none of this hurts him in any way, the case will be dismissed on standing.

whoohooo! finally found a way to turn the economy around

Marla Singer's Laundry: I know the troll...he keeps trying to patent dental tools made of bread twists and rolled-up pages from the back of wrestling magazines.

He sees a cavity and want to Fill Her Up^TM.

FTFY

timujin:
Brooks Brothers

In other news... neck ties are patentable?! That was what really surprised me here...

FTFA: "Every plaintiff who brings one of these cases is a private attorney general who is doing a service to the United States, and I'm doing the same," says Mr. Stauffer, a lawyer in Roseland, N.J.

Note to self: next time I'm in Roseland, NJ... run every BMW 5- or 7-series I see off the road. I'll be doing a service to the United States.

timujin: Now it turns out they're enforcing that $500 charge per offense. Whoops.

I read that and wondered if they meant $500 per product line or $500 per widget. I believe the latter might just fall under "cruel and unusual" punishment.

"Every plaintiff who brings one of these cases is a private attorney general who is doing a service to the United States"


I think you meant "I'm a typical douchebag lawyer trying to find ways to exploit laws so I can make money."

TheShavingofOccam123: Or patents that have to make a hard left and rescue the 101st Airborne at Bastogne?

You're now green.

Just do like some law firms and find someone to buy one share of stock in every public company.
/Then you can file all kinds of class action lawsuits knowing they would rather settle than take you to court

How do you figure out when individual patents expire? I need some money.

Araj: DNRTFA, but if none of this hurts him in any way, the case will be dismissed on standing.

Uh, the court just expressly reversed such a dismissal for lack of standing. This is a qui tam statute. Basically everyone has standing on behalf of the US -- you are suing on their behalf (hence why the case captions would typically be YOURNAME ex rel. United States v. False Marking Corp.).

The court also already previously made it clear that you have to satisfy the deceptive intent arm. Should make it fairly difficult for all these plaintiffs to actually win one of these cases.

And our attorney is with the firm Sarducci and Mannotti?

It sounds suspiciously like legal protection money.

Well, frivolous lawsuits are dumb, but on the other hand these companies are knowingly making patent claims that are invalid and it is probably a good thing to get them to think twice about that. I don't really know how it actually affects people to have an expired patent listed (like are people planning to copy the invention going to be stopped by the label, or are they going to do some actual patent checks first like they should).

timujin: This is the same as false advertising. If you are a cigarette manufacturer and still had "Doctor's prefer Lucky Strikes" on your package, you could be sued in the same way.

what is false.

false advertising has nothing to do with banned advertising.

if smoking doctors did prefer lucky strike, as supported by a survey or other data, the manufacturer could be well within their right to say so...however presenting this type of information, even if true, is now banned under existing law.

Also, here's the statutes, key parts bolded:

35 U.S.C. 292 False marking.

(a) Whoever, without the consent of the patentee, marks upon, or affixes to, or uses in advertising in connection with anything made, used, offered for sale, or sold by such person within the United States, or imported by the person into the United States, the name or any imitation of the name of the patentee, the patent number, or the words "patent," "patentee," or the like, with the intent of counterfeiting or imitating the mark of the patentee, or of deceiving the public and inducing them to believe that the thing was made, offered for sale, sold, or imported into the United States by or with the consent of the patentee; or Whoever marks upon, or affixes to, or uses in advertising in connection with any unpatented article the word "patent" or any word or number importing the same is patented, for the purpose of deceiving the public; or Whoever marks upon, or affixes to, or uses in advertising in connection with any article the words "patent applied for," "patent pending," or any word importing that an application for patent has been made, when no application for patent has been made, or if made, is not pending, for the purpose of deceiving the public - Shall be fined not more than $500 for every such offense.

(b) Any person may sue for the penalty, in which event one-half shall go to the person suing and the other to the use of the United States

I'll also note that the "up to $500 for each offense" is each article, not each product line. It would have to be pretty egregious for a judge to get anywhere near that number for something that has craploads of products out there. You'd probably only see the $500 for a case involving big machinery or something like that, where there aren't that many out there.

No Such Agency: In other news... neck ties are patentable?! That was what really surprised me here...

the patent is on the adjustable part of the tie (i.e., the little clip or whatnot).there are patents for every minor piece of products.

satanorsanta: How do you figure out when individual patents expire? I need some money.

You do a search on the US Patent and Trademark office's online database? It's so easy a teabagger could do it.

/sorry, couldn't resist.

DoctorCal: I have zero sympathy. What happened to all of the shrill cries for personal responsibility?

Well there is that, but I still think $500/widget is ridiculous.

factoryconnection: DoctorCal: I have zero sympathy. What happened to all of the shrill cries for personal responsibility?

Well there is that, but I still think $500/widget is ridiculous.

i want the penalties to be ridiculous and enforceable. this is suitable enough cause for prevention.

DoctorCal: "They just never thought to check whether they were breaking the law!!!"

Funny, they remembered to put the farking patent number on it in the first place. Maybe they should have put a tickler in their calendar for when the expiration was coming up.

I have zero sympathy. What happened to all of the shrill cries for personal responsibility?

Sometimes memos like "In 7 years, make certain to put new patent stuff on new product" get lost in the shuffle.

Makes me wonder why a patent number simply couldn't be reused..

I know a lawyer who's doing this - he hired a couple high schoolers to trawl for and correlate expired patent numbers. Seems like easy money.

/cool story, esquire

By God getting something for nothing is the American way! How can anyone fault these bootstrappy lawyers for working their fingers to the bone earning an honest living?

Ah, lawyers, is there anything they CAN'T ruin?

The true horror of this is that the boys in marketing will actually have to do some work and correct labels and other marketing material. This makes me very very happy.