This brings in another avenue of attack defendants have used -- challenging standing. Raymond Stauffer, a patent attorney, sued Brooks Brothers (and its corporate parent) for falsely marking some bow ties. The challenged bow ties contain an "Adjustolox" mechanism and are marked with U.S. Patent Nos. 2,083106 and 2,123,620.
To establish standing:
a plaintiff must show (1) that he has suffered an “injury in fact,” an invasion of a legally protected interest that is “(a) concrete and particularized, and (b) actual or imminent, not conjectural or hypothetical,” (2) that there is “a causal connection between the injury and the conduct com-plained of,” and (3) that the injury is likely to be redressed by a favorable decision.
In other words, even though a relator may suffer no injury himself, a qui tam provision operates as a statutory assignment of the United States’ rights, and “the assignee of a claim has standing to assert the injury in fact suffered by the as-signor.” Vermont Agency, 529 U.S. at 773. Thus, in order to have standing, Stauffer must allege that the United States has suffered an injury in fact causally connected to Brooks Brothers’ conduct that is likely to be redressed by the court.