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STAUFFER v. BROOKS BROTHERS, INC.

Nos. 2009-1428, 2009-1430, 2009-1453.

619 F.3d 1321 (2010)

Raymond E. STAUFFER, Plaintiff-Appellant, v. BROOKS BROTHERS, INC. and Retail Brand Alliance, Inc., Defendants-Appellees, United States, Movant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

Decided August 31, 2010.

Attorney(s) appearing for the Case

Raymond E. Stauffer , of Chatham, New Jersey, pro se.

Stephen L. Baker , Baker & Rannells, PA, of Raritan, New Jersey, argued for defendants-appellees. With him on the brief were Neil B. Friedman And Ryan A. McGonigle .

Douglas N. Letter , Appellate Litigation Counsel, Civil Division, United States Department of Justice, of Washington, DC, argued for movants-cross appellants. With him on the brief was Tony West, Assistant Attorney General.

Thomas P. Steindler , McDermott Will & Emery LLP, of Washington, DC, for amicus curiae CIBA Vision Corporation. With him on the brief were M. Miller Baker and Jeffrey W. Mikoni .

Bryan P. Collins , Pillsbury Winthrop Shaw Pittman LLP, of McLean, Virginia, for amicus curiae Stanley Black & Decker, Inc., et al. With him on the brief was Jack S. Barufka.

Before RADER, Chief Judge, and LOURIE and MOORE, Circuit Judges.

LOURIE, Circuit Judge.

Raymond E. Stauffer and the government appeal from the decision of the United States District Court for the Southern District of New York dismissing Stauffer's false marking qui tam action for lack of standing. Stauffer v. Brooks Bros., Inc., 615 F.Supp.2d 248 (S.D.N.Y.2009) ("Standing Op."). The government also appeals from the court's denial of its motion to intervene.

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