On October 10, the U.S. Supreme Court issued an order list showing it had denied the petition for writ of certiorari filed in Personalized Media Communication, LLC v. Apple Inc. In denying the appeal, SCOTUS leaves in place a divided Federal Circuit ruling that improperly expanded prosecution laches doctrine according to Personalized Media (PMC). The cert denial also passes on the question of whether prosecution laches remains a valid defense to patent infringement in light of the Supreme Court’s 2017 ruling in SCA Hygiene Products v. First Quality Baby Products.
Recent Posts
- Other Barks & Bites for Friday, May 9: USPTO Responds to GAO Report; Stewart Welcomes National Inventors Hall of Fame Inductees; CAFC Defines ‘Ground’ for IPR Estoppel Statute
- PTAB Designates as Informative Stewart Decision on Discretion to Institute in Context of Parallel District Court Litigation
- Judge Hughes Again Calls Out CAFC’s Overly Rigid Article III Analysis for Pharmaceutical Cases
- Coke Stewart’s Recent Show Cause Order Offers Hope for Addressing Serial Patent Challenges
- The USPTO Should Reintroduce the AFCP Program—Now