Delay Alone Does Not Establish Prejudice Necessary for Prosecution Laches Defense

In granting plaintiff's motion for summary judgment that its claims were not barred by prosecution laches, the court rejected defendant's argument that "plaintiff lacked a reasonable basis for filing the continuation application and therefore plaintiff must have intended to prejudice [defendant]. . . . No doubt there is a potential for abuse of the continuation process. But in this case, defendant relies on little more than the timeline of events to establish that plaintiff abused the system. That timeline -- without additional evidence that plaintiff improperly delayed issuance of [one of the patents-in-suit] -- is insufficient evidence to prove laches."

The Holmes Group, Inc. v. RPS Products, Inc., 4-03-cv-40146 (MAD June 25, 2010, Memorandum & Order) (Saylor, J.)