Laches

News & Analysis as of

District Court Strikes Affirmative Defenses of Laches, Waiver, Estoppel and Acquiescence for Lack of Sufficient Detail

After the plaintiff filed a Second Amended Complaint against Fieldpiece Instruments, Inc. ("Defendant") for patent infringement, the Defendant filed its an answer raising a series of affirmative defenses to Plaintiff's...more

Skidmore v. Led Zeppelin - USDC, C.D. California, April 8, 2016

In copyright infringement action over iconic Led Zeppelin song “Stairway to Heaven” filed more than 40 years after song was first released, district court partially denies defendants’ motion for summary judgment, allowing...more

“And if You Listen Very Hard” . . . Zeppelin Going to [Trial in] California

Central District of California Judge Gary Klausner ruled the founders of rock band Led Zeppelin – and more particularly, front men Jimmy Page and Robert Plant – must face a jury trial to determine whether the band’s most...more

Equitable Estoppel Stops NPE From Asserting Patents that its Assignor Failed to Assert

In High Point SARL v. Sprint Nextel Corporation, [2015-1298] (April 5, 2016), the Federal Circuit affirmed summary judgment that equitable estoppel and laches preclude prosecution of High Point’s claims for infringement of...more

Foreign Litigation Does Not Defeat Presumption of Laches - Lismont v. Alexander Binzel Corp.

Addressing laches issues in the context of a multi-jurisdictional dispute, the US Court of Appeals for the Federal Circuit affirmed a summary judgment ruling that the plaintiff’s correction of inventorship lawsuit was barred...more

The Batmobile Battle: Ninth Circuit’s Three-Part Test Creates New Landscape for Infringement as Supreme Court Denies Cert

The U.S. Supreme Court declined to grant certiorari over a Ninth Circuit decision (Towle v. D.C. Comics)1 upholding a district court’s findings that Batman’s vehicle, the “Batmobile,” is itself a character subject to...more

District Court Grants Motion for Summary Judgment on Laches Defense Where Defendant Could Not Establish Prejudice from Plaintiff's...

The court explained the facts as follows: The defendant, CrestaTech, was founded by Mihai Murgulescu and George Haber in 2005. Its initial products included a receiver for satellite radio and a television platform. CrestaTech...more

Glass Half Full for Russian Federation Successor’s Stolichnaya Infringement Saga (Fed. Treasury Enter. Sojuzplodoimport et al. v....

Addressing issues of international comity, res judicata, and laches, the U.S. Court of Appeals for the Second Circuit affirmed in part and vacated in part the district court’s decision concerning a dispute over rights to the...more

Lismont v. Alexander Binzel Corp. (Fed. Cir. 2016)

Laches Bars Claim to Change Inventorship on Issued U.S. Patent - On February 16, 2016, the Federal Circuit issued an opinion in a case captioned Hedwig Lismont v. Alexander Binzel Corp. This appeal arises from an...more

IP Newsflash - February 2016 #4

FEDERAL CIRCUIT CASES - Federal Circuit Affirms its pre-Quanta and Kirtsaeng Precedent on Patent Exhaustion for Restricted Domestic Sales and Foreign Sales - In a long-awaited en banc decision, the Federal Circuit...more

Massachusetts Jury Verdict Stands After Court Ruling on Laches

A Massachusetts court recently denied defendant Kaz’s motions for judgment on the defenses of laches and equitable estoppel, letting stand an earlier jury verdict that found Kaz had infringed Exergen’s patents for temporal...more

Motion to Amend CEQA Action Judgments to Make Additional Judgment Debtor Liable For Million Dollar Fee Award Not Barred By...

In a published opinion filed January 26, 2016, the Court of Appeal for the Fourth Appellate District (Division 2) reversed a trial court’s order denying CEQA plaintiffs’ motion to amend judgments entered four (4) years...more

Plaintiff Secures Sweeping Jury Verdict in Hotly-Contested Patent Fight

In a long-running patent fight involving two medical device manufacturers, a Massachusetts jury determined last week that the defendant Kaz had infringed two of plaintiff Exergen’s patents relating to temporal thermometers,...more

2015 IP Law Year In Review

Commil USA, LLC v. Cisco Systems, Inc., 135 S. Ct. 1920 (May 26, 2015) - ..Does a defendant’s belief that a patent is invalid serve as a defense to charges of inducing infringement? NO - ..Inducement requires...more

Copyright Case Against Famed Hip Hop Artist “50 Cent” Isn’t Worth Two Bits

In the summer of 2007, hip-hop artist Curtis Jackson—who performs under the stage name “50 Cent”—rapped his way to fame and riches with the smash hit “I Get Money.” After 50 Cent made a mint on this work (he sold more than 2...more

MoFo IP Newsletter - January 2016

Highlights of 2015 and What to Watch in 2016 in The United States - Commil USA, llC v. CiSCo SyStemS, inC. (Supreme Court, may 26, 2015). In May, the Supreme Court held that a good faith belief that an asserted patent...more

2013 Gift Tax Assessment for 1972 Gift Upheld by Tax Court - 41 Years of Separation

The IRS has 3 years to assess gift taxes for gifts disclosed in a gift tax return. If a gift tax return is not filed, the statute of limitations never begins to run. Nonetheless, it is rare for the IRS to assess gift taxes...more

“Voice of America” Belongs to the U.S. Government - Robert Namer, d/b/a Voice of America v. Broadcasting Board of Governors; Voice...

Robert Namer, d/b/a Voice of America v. Broadcasting Board of Governors; Voice of AmericaAddressing the issues of laches and the reliability of a consumer survey in a defense to a trademark infringement action under the...more

Patent Holders Beware: Delay in Litigating May Result in Loss of Rights Under New Laches Rules

The Federal Circuit has a warning for patent holders—wait too long to assert your rights, and you may lose them. In its recent SCA Hygiene v. First Quality Baby Products decision, the court surprised many observers by...more

Court Of Chancery Upholds Receiver Claims

Seiden v. Kaneko, C.A. 9861-VCN (November 3, 2015) - This is an interesting decision because it articulates what claims a receiver may make against former officers and when those claims are barred by laches....more

Federal Circuit Review | October 2015

Federal Circuit Revives Possibility of Permanent Injunction in Apple-Samsung Patent Dispute - In Apple Inc. v. Samsung Electronics Co., Appeal No. 2014-1802, the Federal Circuit reversed for abuse of discretion the...more

“Raging Bull” and the Patent Act: Laches Still Available in Patent Cases - SCA Hygiene Products AB et al. v. First Quality Baby...

The U.S. Court of Appeals for the Federal Circuit convened an en banc panel to examine the Supreme Court’s “Raging Bull” decision in Petrella v. Metro-Goldwyn-Mayer, Inc. in the context of deciding whether laches remains a...more

Planning for the Future and Knowing the Past

Planning is words on a page and lines on a map. It is not reality, but a projection of the future. And the future is uncertain – just ask those who predict when the Federal Reserve will raise interest rates. ...more

Employers, Don’t Sleep on Your Rights

There are ways of gaining a tactical advantage in Fair Labor Standards Act (“FLSA”) litigation, but sleeping on one’s rights in such a circumstance is not one of them. NPC International, Inc., a Pizza Hut franchisee, learned...more

Takeaways from Chisum’s Washington, D.C. September 2015 Seminar

On September 24-25, 2015, the Chisum Patent Academy held a two-day seminar at the offices of Kaye Scholer LLP in Washington, DC to discuss and debate current developments in U.S. patent law. The roundtable seminar group was...more

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