The court deferred ruling on defendant's motion to dismiss plaintiff's qui tam false marking claim for lack of standing and stayed the case pending the Federal Circuit's resolution of Stauffer v. Brooks Brothers, Inc., 615 F. Supp. 2d 248 (S.D.N.Y. 2009).
"The Federal Circuit opinion in Stauffer will be the first one that is directly on point to the standing issue in this case. In earlier Federal Circuit opinions . . . the court sidestepped any direct address of qui tam standing, choosing to focus on the substantive issues; however, in Stauffer, standing is the only issue on appeal, and therefore, it must be addressed. Given that the Stauffer decision will be binding on this court, and that the case is already fully briefed before the Court of Appeals for the Federal Circuit with oral arguments less than one week away, an order staying the case pending a decision in Stauffer will not cause undue delay."
Simonian v. Bunn-O-Matic Corporation, 1-10-cv-01203 (ILND August 23, 2010, Memorandum Opinion and Order) (Zagel, J)