Amster Rothstein and Ebenstein, LLP - Intellectual Property Law

In The Press:
Federal Circuit to Review Laches Defense in Patent Case. Partner Ken George mentioned.

- The Recorder, December 30, 2014

SAN FRANCISCO — Prodded by the U.S. Supreme Court, the Federal Circuit agreed Wednesday to reconsider its jurisprudence recognizing the defense of laches to aging patent claims.

The court voted to review en banc its 1992 decision A.C. Aukerman v. Chaides Construction, which holds that unreasonable delay by a patent holder is a valid ground for dismissing claims for money damages.
...

First Quality Baby Products argues that the Patent Act does not contain a statute of limitations. There is therefore no reason to disturb over 100 years of patent law recognizing the laches defense, Amster, Rothstein & Ebenstein partner Kenneth George had argued in opposition.

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