Tag Archives: laches

Ask Dr. Copyright About Bringing Lawsuits

January 28, 2021 Ask Dr. Copyright

Dear Doc: I’ve heard you say many times that Americans have a right to sue each other for any reason, so lawyers can’t tell their clients that they won’t get sued, only that in a properly adjudicated case, they have a high probability of prevailing. Aren’t there ANY limits on lawsuits? Signed,Fed Up Dear FU: […]

When is a Defense not a Defense?

April 7, 2017 Patent

Now For a Riddle: When is a Defense not a Defense?… (Pause for effect)… Answer – When the Supreme Court says it’s not. Not so many years ago, patents were very powerful.  A patent owner was entitled to a court order stopping infringement almost as a matter of course whenever the patent owner proved infringement. […]

Can Delay be a Defense to a Patent Infringement Lawsuit?

November 29, 2016 Litigation, Patent

In many areas of the law, excessive delay in pursuing a right can be a defense in a later lawsuit.  The defense is known as ‘laches’ and is based on fairness – by delaying the litigation, the person asserting the right has acquiesced in the other party’s conduct.  Historically, the fairness-based laches defense applies only […]

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