Patent Troll Weapon Survives, But High Court May Be Next

Law360, New York (September 18, 2015, 10:19 PM EDT) -- The Federal Circuit's decision on Friday that the doctrine of laches can bar the recovery of presuit damages in long-delayed patent suits preserves a valuable defense, particularly in nonpracticing entity cases, attorneys say, but the en banc court's sharp division means the U.S. Supreme Court could take up the issue.

The en banc court ruled 6-5 that laches, which bars legal remedies when a plaintiff unreasonably delays bringing a suit, is codified in patent law and can prevent recovery of damages from before a suit is filed. As a result, the court said a Supreme Court decision last year limiting laches as...

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