Avocet Sports Technology, Inc. v. Polar Electro, Inc., 3-12-cv-02234 (CAND April 16, 2013, Order) (Laporte, M.J.).
Thursday, April 18, 2013
Lack of Funds to Pursue Litigation does not Excuse Seven Year Delay Underlying Laches Defense
The court granted defendant's motion for summary judgment that plaintiff's infringement claims were barred by laches and rejected plaintiff's argument that its seven year delay was reasonable because it could not afford to sue defendant sooner. "Plaintiff argues that it could not afford to litigate against Defendant until 2011 when the lawsuit with a third party . . . was completed by settlement, so its delay was excusable. Plaintiff, however, has cited no authority holding that the inability to afford litigation excuses delay in filing, and the caselaw is to the contrary. Therefore, Plaintiff’s lack of funds does not excuse its delay."