IPWatchdog has learned that Gilbert Hyatt intends to seek en banc review of the Federal Circuit’s prosecution laches doctrine. The issue that will be teed up for potential en banc rehearing by the Federal Circuit is: Whether the defense of “prosecution laches” may bar a claim for issuance of a patent that meets the statutory criteria for issuance under the Patent Act. Fundamentally, Hyatt is likely to ask the entire Federal Circuit to consider the continued viability of this doctrine in the wake of Petrella v. Metro-GoldwynMayer, Inc., 572 U.S. 663 (2014), and SCA Hygiene Prods. Aktiebolag v. First Quality Baby Prods., LLC, 580 U.S. 328 (2017).
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