The U.S. Court of Appeals for the Federal Circuit has ruled that an applicant’s lengthy delay in prosecuting a patent makes the patent unenforceable only if there is prejudice to other parties.
The 2-1 Nov. 9 ruling in Cancer Research Technology Ltd. v. Barr Laboratories Inc. reversed a January District of Delaware ruling that Cancer Research’s delay in prosecuting the patent at issue made the patent unenforceable. The Federal Circuit also reversed a ruling that the patent was unenforceable because of Cancer Research’s inequitable conduct. Inequitable conduct refers to a patent applicant’s misstatements or omissions to a patent office that can disqualify a patent.
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