In the world of patent law, equity sometimes feels like a one-way street. For patent owners enforcing their rights in court, the defense of laches—essentially, “you waited too long”—has been significantly curtailed, thanks to a recent Supreme Court decision. Yet, when it comes to challenging those same patents at the Patent Trial and Appeal Board (PTAB), a new doctrine is emerging that punishes petitioners for delays in challenging patents. This “settled expectations” doctrine, pronounced by the USPTO…
Read more: Laches for Thee, But Not for Patentee; (un)Settled Expectations in Patent Enforcement