Laches is a defense sometimes asserted in IP litigation which requires defendant to show: (1) a delay in asserting a right or claim; (2) that the delay was not excusable; and (3) that the delay caused the defendant undue prejudice. For patents the statutory period for latches is 6 years. Accordingly, some patents are litigated well after their expiration date based on past infringement liability.
Patent and Trademark Attorneys
Patent and Trademark Attorneys