Ford v. Lemelson and continuing application laches revisited

Article Abstract:

There is some support for the US District Court's denial of summary judgment for Ford in Ford v. Lemelson on April 28, 1997, but the US Court of Appeals for the Federal Circuit could find on appeal that the doctrine of continuing application laches is available to Ford. The District Court rejected the magistrate's summary judgment recommendation based on legislative history, distinguished precedent and case law that demonstrates a reticence to limit delays equitably. While the District Court's reasoning is sound, the Federal Circuit could reverse based on legislative history.

Other Justice, Public Order, and Safety Activities, Patent Law, Cases, Limitation of actions, Statute of limitations, Equitable remedies

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Cybor Corp. v. FAS Technologies: the final say on appellate review of claim construction?

Article Abstract:

The US Court of Appeals for the Federal Circuit ruled in Cybor Corp. v. FAS Technologies, Inc. that the Supreme Court's unanimous affirmance of the Federal Circuit's in banc judgment in the Markman v. Westview Instruments, Inc. case supports that court's conclusion that claim construction is subject to de novo review on appeal. The Supreme Court should rule conclusively on how an appellate court should review a trial court's claim construction in view of the lasting influence the Cybor case will probably have on patent litigation.

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