Prosecution Laches

Declaratory defendant’s asserted patent claims are unenforceable under doctrine of prosecution laches, since defendant, through sequential filing of applications, delayed from 18 to 39 years in filing and prosecuting claims, and since such delay was unreasonable and unjustified.  (Symbol Technologies Inc. v. Lemelson Medical, Education & Research Foundation LP, 69 USPQ2d 1738, DC Nev, 1/23/04).

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