Laches – Page 2 – Federal Circuit on Damages and other Remedies

Defendant Friendly, Laches, Nonpracticing Entities

Foreign suit doesn’t rebut laches presumption unless defendant knows of the subsequent US suit

By Jean Dassie February 16, 2016 December 31, 2019 0

Lismont v. Alexander Binzel was decided on February 16, 2016 on appeal from the Eastern District of Virginia. There, the district court granted summary judgment for Alexander Binzel, concluding that Lismont’s inventorship claim, which he filed in the US (in 2012) ten years after the patent issued, was barred by laches. Throughout …

Defendant Friendly, Equitable Estoppel, Injunctions, Laches

Laches may bar the recovery of damages for a suit brought within the limitations period

By Jean Dassie September 18, 2015 December 31, 2019 0

SCA Hygiene v. First Quality was decided en banc on September 18, 2015 on appeal from the Western District of Kentucky. Late October in 2003, plaintiff SCA alleged through a letter that defendant First Quality’s absorbent diapers infringed its patent. First Quality replied about a month later that the patent was invalid. In July …