Perspective
May 12, 2016
High court takes on laches and patents
The U.S. Supreme Court will soon decide whether laches may bar patent infringement claims brought within the Patent Act's six-year time limitation on damages. By Darren M. Franklin
Darren M. Franklin
Partner
Sheppard, Mullin, Richter & Hampton LLP
Darren is a partner at in the firm's intellectual property practice group. Since 2003, he has represented Sheppard Mullin's clients in a broad range of intellectual property matters, including patent litigation, patent post-grant proceedings, patent prosecution, and trademark litigation.
Businesses dread getting letters that make claims of patent infringement. Such letters often raise complex questions of patent law that require specialized advice and demand a license fee that eats into company profits.
Sometimes, however, the patent owner fails to follow up on the letter, and years pass. Other times, the patent owner starts a dialogue, only to let it trail off without resolution. Occasionally, a second...
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