False Marking Action Dismissed Where Another qui tam Relator had filed an Earlier Suit Against Defendant

The court granted defendant's motion to dismiss plaintiff's false marking action for lack of standing where another qui tam relator had filed an earlier suit against defendant. "While Plaintiff acknowledges that the technology of the products at issue in the two cases likely is the same, it contends that the packaging of the [product] sold at [one store] is different. . . . However, [the first-filed] complaint, while more general than Plaintiff’s with respect to packaging, in no way excludes the marks or packaging that are the subject of the instant suit. Having examined both complaints, the Court concludes the claims asserted by Plaintiff against [defendant] are within the scope of those alleged by [the other plaintiff] in her earlier-filed action. For this reason, it appears that even assuming standing generally, the claims of the United States government previously were assigned to [the first-filed plaintiff] depriving Plaintiff of standing to assert them here."

San Francisco Technology, Inc. v. The Glad Products Company et al., 5-10-cv-00966 (CAND July 19, 2010, Order) (Fogel, J.)