The Federal Circuit has held in Symbol Techs. v. Lemelson Med. that the equitable doctrine of laches could be applied to bar enforcement of a patent that issued after applicant’s unreasonable and unexplained delay in prosecution. However, later Supreme Court decisions in Petrella v. Metro Goldwyn Mayer, Inc. and SCA Hygiene Prod. Aktiebolag v. First Quality Baby Prod., LLC render Symbol no longer viable.
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