Monday, November 3, 2008

Damages accrued during plaintiff's delay, even if easily avoided, do not qualify as economic prejudice for laches defense

"[Defendant] . . . argues . . . that "[plaintiff] should not be allowed to wait silently while $5.3 million in alleged damages accrue where [defendant], upon notice of infringement, quickly and easily changed to a non-infringing [device]. . . . The accrued liability from the infringement is not economic prejudice for purposes of [a] laches defense."

The GSI Group Inc v. Sukup Manufacturing Co., 3-05-cv-03011 (ILCD October 29, 2008, Opinion).

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