Agreed, in particular because laches belongs to the law of equity and equitable remedies are discretionary, along with other maxims such as that both parties must come to the courts with clean hands, etc.
for some cases. It seems to be by no means clear-cut, but the
doctrine > is there. I would guess it may be viewed as a shaky thing to base an
infringement case defence on.
Teresa
Justin Mason wrote:
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The term for this is "laches" --
Laches - the legal doctrine that a legal right or claim will not be enforced or allowed if a long delay in asserting the right or claim has prejudiced the adverse party (hurt the opponent) as a sort of "legal ambush." - Law.com dictionary
http://www.bohanlaw.com/patessf.html :
... the patent holder has an obligation to protect and defend the rights granted under patent law. Just as permitting the public to freely cross one's property may lead to the permanent establishment of a public right of way and the diminishment of one's property rights, so the knowing failure to enforce one's patent rights (one legal term for this is laches) against infringement by others may result in the forfeiture of some or all of the rights granted in a particular patent.
See also:
http://www.depo.com/torpedoing.htm http://caselaw.lp.findlaw.com/scripts/printer_friendly.pl?page=us/264/463.ht...
for some cases. It seems to be by no means clear-cut, but the doctrine is there. I would guess it may be viewed as a shaky thing to base an infringement case defence on.
- --j.