Venable counsel Marty Saad
was quoted in a September 24, 2014 Law360
article on the use of laches, the equitable doctrine which bars lawsuits after an unreasonable delay, as a defense in patent cases. Last week a Federal Circuit panel declined to address whether a Supreme Court decision limiting laches as a defense in copyright matters applied equally to patent matters. In its ruling, the panel cited a 1992 decision as controlling precedent which they said could only be overruled by the Supreme Court or an en banc panel.
“The way the panel addressed it really does tee it up for en banc review,” said Saad. “It gives the Federal Circuit a chance to address this issue before there is a cert petition to the Supreme Court.”