In the Court of Chancery, untimely equitable claims may be time-barred by the doctrine of laches. However, a belated claimant may avoid a laches defense through a tolling theory. Here, a party ...

The Federal Circuit has long recognized laches as a defense when an unexcused delay occurs between the time a patentee/plaintiff knows (or should know) of an infringement and the filing of an ...

“Simply stated, the Federal Circuit presumption that issued patents are unenforceable because it took too long to get the patent violates decades of common law…and overlooks—or perhaps excuses—the ...

The Supreme Court rejected wholesale the Federal Circuit’s stance that laches be an available defence in patent law, in its SCA Hygiene v First Quality ruling The Supreme Court has rejected the ...

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...

“Alma Thomas: Resurrection” at Mnuchin Gallery, New York, in 2019. Photo: Tom Powel Imaging. Inc. When is it too late to reclaim artwork, whether lost, stolen or left behind on consignment? This ...

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...

Justice Carolyn Berger composed the decision for the en banc court. In her opinion, Berger ruled that the Chancery Court accurately applied laches because the case's unusual circumstances made it ...

“There is nothing fair or equitable about rendering a patent unenforceable when the applicant had every reason to think at the time that the PTO was satisfied with the pace of prosecution.” – ...

Trademark infringement litigation typically centers around requests for injunctive relief. Although monetary relief is regularly sought, damages are awarded in only a small percentage of cases.

On 10 June 2022, the US District Court for New Jersey issued its decision on remand from the US Court of Appeals for the Third Circuit directing it to re-examine the issues of laches and disgorgement, ...

For more than 30 years, thousands of Negroes, dressed in purple silks, gold brocade, fancy headdress, strutted as members of the Ancient Egyptian Order of Nobles of the Mystic Shrine. That their name ...