Paying for Your Delay: Application of Prosecution Laches Can Render Issued Patents Unenforceable

摘要

Personalized Media Communications comes off of the heels of Hyatt v, Hirshfeld, in which the Federal Circuit held that the USPTO may assert prosecution laches against an applicant who similarly made hundreds of patent application filings during the GATT bubble and managed to delay prosecution of the claims between 12 and 28 years from filing.