Federal Circ. Fleshes Out Prosecution Laches

Law360, New York (November 29, 2010, 2:28 PM EST) -- At least since the Federal Circuit’s decision in Symbol Techs. Inc. v. Lemelson Med. Educ. & Research Found., 277 F.3d 1361 (Fed. Cir. 2002) (Symbol I), the patent community has known that the defense of prosecution laches, which was born in two U.S. Supreme Court decisions from the 1920s, remains alive and well.

It has been less clear what the elements of the defense are and, thus, what evidence is necessary to sustain the defense. Indeed, apart from what was arguably implicit in its descriptions of...
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