Last week, in Personalized Media Communications, LLC v. Apple, Inc., the Federal Circuit left intact Judge Rodney Gilstrap’s ruling of unenforceability based on prosecution laches and deprived ...

After the district court, on remand, held that laches did not bar relief, the US Court of Appeals for the Third Circuit again determined that the district court abused its discretion by not properly ...

Last week we held our annual patent portfolio management program, during which we discussed the business, law and patent prosecution realities associated with building and maintaining the patent ...

There is little doubt that the Federal Circuit’s prosecution laches doctrine isn’t just doctrinally off-base—it leads to ...

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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.

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 ...

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 ...