Monday, September 19, 2011

How have district courts applied the prosecution laches defense in recent cases?

Nine years ago the Federal Circuit breathed new life into the defense of prosecution laches in Symbol Technologies, Inc. v. Lemelson Medical, Education & Research Foundation, 277 F.3d 1361, 1363 (Fed. Cir. 2002). The defense requires a showing of “unreasonable and unexplained delay” in prosecution and prejudice to the accused infringer. As applied to individual cases, much of the burden of interpreting whether a delay is “unreasonable and unexplained,” or the extent to which a defendant is harmed by such a delay, is left to the discretion of the court. Because of this, tracking recent court decisions on prosecution laches could provide unique insight when asserting or opposing a prosecution laches defense.

Docket Navigator not only keeps track of who is issuing orders regarding significant legal issues, but also summarizes each order on those legal issues, making it easy for you to both find the documents pertinent to your situation, and sift through them for valuable information.

To view the latest district court rulings on prosecution laches check out this video.

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