Updates to our Terms of Use

We are updating our Terms of Use. Please carefully review the updated Terms before proceeding to our website.

Wednesday, April 23, 2025

View Back issues

Patents and prosecution

WASHINGTON — A federal court in Washington, applying precedent from the Federal Circuit, ruled that the doctrine of prosecution laches may be invoked as an affirmative defense by those who seek a finding that a patent is unenforceable. When the Patent and Trademark Office can show a patentee’s delay in prosecution is unreasonable and that such delay prejudiced an accused infringer, the defense may render the patent in question unenforceable.

Read the ruling [here.](https://webservices.courthousenews.com/sites/Data/AppellateOpinionUploads/2024-16-5--14-16-56-show_temp - 2024-05-16T132611.882.pdf)

Categories / Briefs, Business, Law, Technology

Subscribe to our free newsletters

Our weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.

Loading...