Friday, May 01, 2015

Patent trolls and the concept of "laches"


There is another important concept that applies to controlling patent trolls, and idea called “laches”, as explained in this article by Vera Ranieri at Electronic Frontier Foundation, here.  A patent owner may not reasonably sit on a potential claim for years so that potential targets lose the ability to defend themselves.
  
Wikipedia describes "laches" as a synonym for "equity", here
       
EFF wrote a brief for the Federal Circuit for SCA Hygiene v. First Baby Products.  In a copyright (rather than patent) case last year, Petrella v. MGM, the Supreme Court had decided that laches does not apply in copyright cases.  
 
Note that in the video above, John Oliver speaks about patent trolls (from UNC, on TV blog April 23). 

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