About: Prosecution laches   Sponge Permalink

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Prosecution laches is an "unreasonable and unexplained delay in prosecution.” “The court must evaluate how a reasonable patent applicant would prosecute his patent under plaintiff's circumstances. The inquiry is not directed at plaintiff’s subjective attitude toward the prosecution.” “The applicant’s pecuniary interest in the patent cannot by itself make an otherwise unexplained delay in prosecution reasonable.”

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  • Prosecution laches
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  • Prosecution laches is an "unreasonable and unexplained delay in prosecution.” “The court must evaluate how a reasonable patent applicant would prosecute his patent under plaintiff's circumstances. The inquiry is not directed at plaintiff’s subjective attitude toward the prosecution.” “The applicant’s pecuniary interest in the patent cannot by itself make an otherwise unexplained delay in prosecution reasonable.”
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  • Prosecution laches is an "unreasonable and unexplained delay in prosecution.” “The court must evaluate how a reasonable patent applicant would prosecute his patent under plaintiff's circumstances. The inquiry is not directed at plaintiff’s subjective attitude toward the prosecution.” “The applicant’s pecuniary interest in the patent cannot by itself make an otherwise unexplained delay in prosecution reasonable.” “[T]he burden of proof on a defendant raising the defense of prosecution laches should be no higher than that required to raise other equitable defenses in patent cases, including traditional laches.”
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