Posts Tagged: defenses


Equitable Estoppel After the Loss of Laches from SCA v. First Quality

Equitable estoppel may be appropriate for the defendant in SCA v. First Quality since the plaintiff was silent for years after the defendant asserted invalidity (possibly fulfilling …
By Ryan Kenny
4 years ago 3

Supreme Court says laches is no defense to patent infringement

The fact that laches cannot be used as a defense to a patent infringement action brought during the statute of limitations is most definitely a pro-patent decision. …
By Gene Quinn
4 years ago 47

The Uncertain Future of Laches in Patent Litigation

The stage is now set for the Supreme Court to weigh in on the future of laches in patent litigation. If the Court closely follows its analysis …

RMail v. Amazon.com: Can Invalidity Based on 35 U.S.C. § 101 Be Properly Raised as a Defense in Litigation?*

As pointed out astutely by RMail is that the Supreme Court jurisprudence on patent-eligibility under 35 U.S.C. § 101 have primarily involved ex parte prosecution appeals from the …
By Eric Guttag
8 years ago 3

Prior User Rights: The Uncertainty Will Cost You

Section 273 uses language that is untested in the court system. Clarity with respect to statutory construction is especially important to those who wish to take advantage of …
By Nicholas R. Mattingly
9 years ago 2

Prior User Rights and the Incentive to Keep Innovations Secret

However, if prior users are keeping their technology secret while being protected, that leap-frogging from one breakthrough to the next be impeded. Disclosure is the backbone of …

What if the Spouse of Every Inventor Living in a Community Property State has an Undivided Interest in an Invention?

If you think the title only raises a wild possibility, consider what happened in a recent case decided by the Federal Circuit. After being sued for infringement, …
By David Hricik
9 years ago 10

Point – Counterpoint: The Debate Over Prior User Rights

Exactly who is to blame if a pharmaceutical company, say Eli Lilly, decides to invest billions of dollars and build a facility when they haven't adequately protected …
By Gene Quinn
9 years ago 53

A Winning Patent Infringement Defense: Reexamination Creates Intervening Rights, Erases $29.4 Million Verdict

Companies accused of patent infringement are increasingly looking at patent reexamination at the Patent Office as an attractive avenue for challenging the patent’s validity. Reexamination offers …
By Scott M. Daniels
9 years ago 1

Time Bomb: CAFC Says Threat + Waiting 3 Years = Estoppel

After first “threatening,” then being “silent” for over three years, the patentee in Aspex Eyewear was barred by the defense of equitable estoppel from getting any relief …
By Eric Guttag
11 years ago 2