Laches

News & Analysis as of

IP Decisions Abound at the Supreme Court in Spring 2014

After leaving the realm of intellectual property law alone for decades, and allowing the Federal Circuit 25 years of mostly undisturbed jurisprudence, the United States Supreme Court has strongly reestablished its presence...more

Laches in Trademark Infringement: How Long Can You Sleep on Rights?

Trademark infringement litigation typically centers around requests for injunctive relief. Although monetary relief is regularly sought, damages are awarded in only a small percentage of cases. Because the courts’ equitable...more

Klaassen v. Allegro Dev. Corp., No. 583, 2013 (Del. Mar. 14, 2014)

In this en banc decision, the Delaware Supreme Court affirmed the Court of Chancery’s finding that a CEO’s claim asserting improper removal was equitable in nature and therefore, at most, voidable and subject to the equitable...more

Appellate Court Notes: Week of March 10

SC19095 - Edgerton v. Clinton / SC19095 Dissent - Edgerton v. Clinton - Town appealed a $12 million jury verdict when a volunteer fire fighter was sideswiped and then took off after the offending vehicle. He relayed to...more

Delaying Bull: The Supreme Court Hears The Raging Bull Copyright Laches Case

On January 21, 2014, oral arguments were held in the Supreme Court case of Petrella v. Metro-Goldwyn-Mayer, Inc., which concerned the copyright to the story underlying the film Raging Bull. We previously discussed this case...more

Supreme Court Debates Laches Defense — Change Is Coming

Jan. 22, 2014 — In an energetic oral argument on Jan. 21 that would have made first-year law students cringe, the Supreme Court debated the proper role of laches as a defense against the backdrops of statutory language versus...more

Three Point Shot

Sports and Hollywood have long been inextricably linked – many athletes want to be and even become actors, countless actors have lived out their athletic fantasies on the silver screen, and it is no secret that athletes and...more

Rolling with the Punches: A Blow-by-Blow Account of the Supreme Court’s Copyright Laches Case

At some point, a legal claim is just so old and stale that it’s unfair to allow the plaintiff to bring it. The statute of limitations and the doctrine of laches are two different solutions to this same problem. The former...more

A “Raging Bull” in the U.S. Supreme Court

On October 1, 2013, the Supreme Court of the United States granted the Ninth Circuit’s petition for a writ of certiorari in Petrella v. Metro-Goldwyn-Mayer, Inc., 695 F.3d 946 (9th Cir. Cal. 2012), and will hear an appeal by...more

Edmond Costantini, et. al. v. Swiss Farm Stores Acquisition LLC, C.A. No. 8613-VCG (Del. Ch. Sept. 5, 2013, Glasscock, V.C.)

In this letter opinion, the Court determined that a manager of Swiss Farms Stores Acquisition LLC (“Swiss Farms” or the “Company”) who prevailed in breach of fiduciary duty litigation brought by the Company against him was...more

May 2013: Sports Litigation Update - Is “Redskins” a Disparaging Word or a Famous Mark That Honors Native Americans?

A recent hearing before the Trademark Trial and Appeal Board of the United States Patent and Trademark Office provides guidance as to the interpretation, reach, and application of Section 2(a) of the Lanham Act, 15 U.S.C. §...more

Laches, Acquiescence, and Trademark Injunctions - Who Should Be Upstream Without a (Greek) Paddle?

On May 8, a long time manufacturer of ceremonial paddles marketed to fraternities and sororities filed a petition for certiorari with the US Supreme Court seeking relief from an injunction barring him from using Greek...more

Eluv Holdings (BVI) Ltd., et al. v. Dotomi, LLC, C.A. No. 6894-VCP (Del. Ch. Mar. 26, 2013) (Parsons, V.C.)

The Court of Chancery’s memorandum opinion in Eluv Holdings (BVI) Ltd. v. Dotomi, LLC awarded a defendant company summary judgment on plaintiffs’ claim for declaratory judgment regarding their purported ownership of...more

Gallagher v. Long, C.A. No. 8181-CS (Del. Ch. Feb. 28, 2013) (Strine, C.)

In this letter opinion, the Delaware Court of Chancery granted a motion to dismiss a breach of fiduciary duty claim under the doctrine of laches and rejected motions for oral argument and to recuse Chancellor Leo Strine....more

Jepsco, Ltd. v. B.F. Rich Co., Inc., C.A. No. 7343-VCP (Del. Ch. Feb. 14, 2013) (Parsons, V.C.)

The Delaware Court of Chancery held that claims for breach of statutory and fiduciary duties against a custodian appointed under Section 226 of the Delaware General Corporation Law (“DGCL”) failed as a matter of law because...more

Third Circuit "Clarifies" Continuing Violation Doctrine

In Mandel v. M & Q Packaging Corp., No. 11-3913, 2013 WL 141890 (3d Cir. Jan. 14, 2013), the U.S. Court of Appeals for the Third Circuit "clarified" the application of the continuing violation doctrine as defined by the U.S....more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- February 22, 2013

In This Issue: - Hallford v. Fox Entertainment Group: District court grants defendants’ motion to dismiss plaintiff’s copyright infringement claim, finding that defendants’ television show Touch is not substantially...more

In re Mobilactive Media, LLC, Consol. C.A. No. 5725-VCP (Del. Ch. Jan. 25, 2013) (Parsons, V.C.)

In this memorandum opinion, the Delaware Court of Chancery found that a member of a joint venture breached a limited liability company agreement, breached its fiduciary duties by usurping corporate opportunities, and violated...more

Patent Watch: Hor v. Chu

A § 256 claim for correction of inventorship does not accrue until the patent issues. [T]he failure to challenge inventorship before the PTO [does not] bar an inventor from later contesting inventorship under § 256. ...more

Laches Does Not Preclude A Prescriptive Easement Claim

Every so often, that ancient and seemingly out-dated distinction between legal and equitable claims (and defenses) derived in the English Chancery Courts hundreds of years ago rears its head and reminds all attorneys that...more

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