A company called Forgent Networks claims to hold a patent (4,689,672) for an algorithm underlying JPEG technology. According to this article, the patent issued in 1987, but Forgent didn't start seeking to enforce it until 2002.
In patent law, there is a presumption against the affirmative defense of laches if the suit is filed within 6 years, and a presumption in favor of laches if it is filed after 6 years (See Auckerman v. Chaides Constr. Co., 960 F.2d 1020). In fact, a federal circuit judge once told me that in light of the laches defense, it's almost malpractice not to file a suit within 6 years. That said, I also know that the federal circuit doesn't consider laches to be a very good defense anymore, and, from what I understand, they haven't upheld a laches defense since 1992.
But here we have a 15 year delay in negotiating, and an at least 17 year delay in bringing any sort of action. Assuming that the Forgent company was doing absolutely nothing with their patent rights in the interim, shouldn't this be a slam dunk laches bar?
Posted by jkhat at April 24, 2004 01:39 PM | TrackBack