Daniel Zaheer Discusses Laches, Litigation, and Damage Limitations in Bloomberg BNA’s Patent, Trademark and Copyright Journal
September 25, 2015
Publication: Bloomberg BNA’s Patent, Trademark and Copyright Journal
Daniel Zaheer was quoted in the article titled “Full Federal Circuit Keeps Laches Defense Against Past Patent Infringement Damages,” featured in the September 25, 2015, issue of Bloomberg BNA’s Patent, Trademark and Copyright Journal.
In the article, Mr. Zaheer examines the Federal Circuit’s holding of the laches defense for injunctive relief in patent infringement claims, which he speculates may incentivize patent holders to litigate earlier than the six-year time limitation on damages. “Patent owners who wait to litigate do so at their own peril. … Again, the incentive here is to litigate first and talk later,” he explains. Mr. Zaheer further elaborates the implications of the ruling on educational and research institutions, suggesting that they, too, will be incentivized to litigate sooner, even in instances when they would prefer not to or when doing so would be not be financially prudent.
Read the full article here.