Prosecution Laches As A Defense In Patent Cases

Law360, New York (October 19, 2005, 12:00 AM EDT) -- The U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) recently announced a further ruling pertaining to the defense of prosecution laches.  Symbol Technologies Inc. et al. v. Lemelson Medical, Education & Research Foundation LP et al., 422 F.3d 1378 (Fed. Cir. 2005).  In this case, the Federal Circuit affirmed the District Court’s holding that patentee Lemelson’s patents were unenforceable under the doctrine of prosecution laches after evaluating the facts in accordance with Symbol Technologies, Inc. v. Lemelson Medical, Education and Research Foundation, 277 F.3d...
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