Intellectual Property
Aug. 26, 2021
Submarine patents and the scope of the doctrine of 'Prosecution Laches'
Echoes of the Great GATT Bubble of 1995: What is the Scope of the Doctrine of “Prosecution Laches?
Daniel N. Yannuzzi
Partner
Sheppard, Mullin, Richter & Hampton LLP
Email: dyannuzzi@sheppardmullin.com
Daniel is a co-chair of Sheppard, Mullin, Richter & Hampton LLP's Intellectual Property Practice Group and has more than 25 years of experience in strategic portfolio development and counseling, patent prosecution, patent appeals and inter partes reviews. Dan is a former NASA engineer who also served as VP, chief intellectual property counsel to a multi-billion dollar semiconductor company.
Is it possible to follow all applicable statutory requirements and formal written rules of the U.S. Patent and Trademark Office when prosecuting a patent application, obtain an issued patent, and then - nevertheless - have that patent declared unenforceable for reasons other than patent ineligibility or lack of novelty?
In a recent decision, Judge Gilstrap of the Eastern District in Texas confirmed that the answer to this question is "yes...
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