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Cancer Research Technology Ltd. v. Barr Laboratories, Inc. (Fed. Cir. 2010)

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Donald Zuhn -- Last week, in Cancer Research Technology Ltd. v. Barr Laboratories, Inc., the Federal Circuit reversed the decision by the District Court for the District of Delaware holding U.S. Patent No. 5,260,291 unenforceable for prosecution laches and inequitable conduct. Judge Lourie, writing for the Court and joined by Judge Newman, held that the unreasonable and unexplained delay requirement of the prosecution laches defense includes a finding of prejudice, and that an accused infringer must show evidence of intervening rights -- i.e., that either the accused infringer or others invested in, worked on, or used the claimed technology...

Full post as published by Patent Docs on November 17, 2010 (boomark / email).