The Court of Appeals for the Federal Circuit has altered the face of patent litigation by holding that an equitable defense of prosecution laches may be applied to bar enforcement of an otherwise valid U.S. patent.
In Symbol Technologies Inc. v. Lemelson Medical, Education and Research Foundation LP, the court on Jan. 24 ruled that undue delay in filing and prosecuting a “continuing patent application” may result in unenforceability of a patent even though the applicant complied with pertinent U.S. statutes and Patent and Trademark Office regulations.
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