United States Federal Circuit

The equitable doctrine of laches may be applied to bar enforcement of patent claims that issued after an unreasonable and unexplained delay in prosecution, even though the applicant complied with pertinent statutes and rules.

Appellate Information

• Decided 01/24/2002
• Published 01/24/2002

Judges

• MAYER, Chief Judge., Before MAYER, Chief Judge, NEWMAN and CLEVENGER, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Jesse J. Jenner,Fish & Neave, of New York, New York, argued for plaintiffs-appellants.   Of counsel on the brief were Albert E. Fey and Charles Quinn., George M. Sirilla, Pillsbury Madison & Sutro LLP, of Washington, DC, for amicus curiae National Retail Federation.   With him on the brief was David W. Long., Alan H. Blankenheimer, Brown & Bain, P.A., of Phoenix, Arizona for amici curiae the Semiconductor Industry Association and the National Association of Manufacturers.   Of counsel on the brief was Jodi Knobel Feuerhelm.   Of counsel were Jan S. Amundson, General Counsel;  and Quentin Riegel, Deputy General Counsel, National Association of Manufacturers, of Washington, DC., Cheryl L. Johnson, Squire, Sanders & Dempsey L.L.P., of Los Angeles, California for amici curiae Uniform Code Council, et al.   Of counsel on the brief was Mark C. Dosker, Squire, Sanders & Dempsey L.L.P., of San Francisco, California., George L. Graff, Paul, Hastings, Janofsky & Walker LLP, of New York, New York, for amicus curiae Intellectual Property Owners Association., Ronald Abramson, Hughes Hubbard & Reed LLP, of New York, New York, for amicus curiae The Association of the Bar of the City of New York. With him on the brief was Charles E. Miller, Pennie & Edmonds LLP, of New York, New York., Edward T. Colbert, Kenyon & Kenyon, of Washington, DC, for amicus curiae The Chamber of Commerce of the United States.   With him on the brief were Kenneth R. Corsello, and Fred T. Grasso.   Of counsel was Stephen A. Bokat, National Chamber Litigation Center, Inc., of Washington, DC.


• For Appellees:
  
• Gerald D. Hosier, Law Offices of Gerald D. Hosier, Ltd., of Las Vegas, Nevada, argued for defendant-appellee.   On the brief were Louis J. Hoffman, Louis J. Hoffman, P.C., of Scottsdale, Arizona.   Of counsel on the brief were Scott L. Nelson, of Washington, DC;  and Bruce S. Sperling, Sperling & Slater, of Chicago, Illinois.