Federal Circuit clarifies laches defense

Article Abstract:

The Federal Circuit in A.C. Aukerman Co v R.L. Chaides Construction Co dealt with the affirmative defenses of laches and equitable estoppel in patent litigation. The court considered a presumption of laches after a plaintiff delays bringing suit for more than six years to be reasonable in patent litigation. However, the laches issue was remanded to the trial court since the prejudicial effect of this delay on the defendant had not been conclusively determined. The estoppel issue was also remanded since the evidence showed that Aukerman delayed suing because of probable low damages.

Management, Cases, Patents, Limitation of actions, Statute of limitations, Estoppel

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Questions persist on security interests

Article Abstract:

The ABA Business Section's Task Force on Security Interests for Intellectual Property and the Intellectual Property Section's Ad Hoc Committee on Security Interests have submitted to the House of Representatives proposals for reforming the draft of the Copyright Reform Act of 1993. The ABA is recommending that the Act address security interests in trademarks, patents, copyright and mask works, all varieties of intellectual property mentioned in federal law. An approach for coordinating federal and state filings is also suggested.

Laws, regulations and rules, Intellectual property, Secured transactions, Protection and preservation, Priorities of claims and liens, Exclusive and concurrent legislative powers, Preemption (Legislative power)

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