Laches Remains a Viable Defense for Unreasonable Delay in Suing for Patent Infringement
by John C. Paul, D. Brian Kacedon, and Xiaoxiao Xue
Despite a recent Supreme Court case denying a laches defense for unreasonable delay in suing for copyright infringement, the Federal Circuit held that laches remains a viable defense for unreasonable delay in suing for patent infringement. The court also held that a laches defense for unreasonable delay in suing can prevent a permanent injunction but does not preclude an ongoing royalty, absent extraordinary circumstances.

Pattern of Nuisance–Value Settlements, Failure to Disclose Material Prior Art, and Uncooperativeness in Settlement Results in Award of Attorney’s Fees
by John C. Paul, D. Brian Kacedon, and Laith Abu-Taleb
In considering the totality of the circumstances, a Maryland court recently deemed a case "exceptional" and awarded attorney's fees against a company that displayed a pattern of threatening or instituting litigation to induce nuisance-value licenses or settlements, delayed disclosure to the USPTO of material prior art in its possession, and exhibited questionable litigation conduct, including being uncommunicative and uncooperative in the face of its opponent's reasonable attempts to conclude the dispute and making spurious arguments to avoid paying costs or fees. The court also found that the patent owner's dissolution did not shield it from paying the award of attorney fees, noting that the terminated entity continues to survive for purposes of the action until all judgments, orders, and decrees have been fully executed.

Amazon Not Liable for Patent Infringement When Other Companies Sell Infringing Products on Amazon's Website
by John C. Paul, D. Brian Kacedon, and Sonja W. Sahlsten
A Washington court recently held that Amazon was not liable for patent infringement when other companies sold infringing goods on Amazon's website because it found that Amazon itself did not offer to sell infringing goods or engage in any other infringing acts.

The International Trade Commission Has No Authority to Prevent Infringing Digital Data Files From Being Electronically Imported Into the United States
by John C. Paul, D. Brian Kacedon, and Robert C. MacKichan III
In a split 2-1 panel decision, the Federal Circuit ruled that the International Trade Commission's jurisdiction to remedy unfair acts involving the importation of "articles" extends only to material things, and that it could not block the electronic importation of digital data files used to manufacture orthodontic appliances in the United States.