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There is a defense against patent infringement called "laches", but it's not very broad. It only applies to specific cases where the patent holder knew of the a
by kahirsch 15y ago
There is a defense against patent infringement called "laches", but it's not very broad. It only applies to specific cases where the patent holder knew of the alleged infringement and did nothing for a long time. It doesn't lead to a general invalidation of the patent.
- egil 15y agoYou need to claim damages withing 6 years of the infringement: 35 U.S.C. § 286 Time limitation on damages Except as otherwise provided by law, no recovery shall be had for any infringement committed more than six years prior to the filing of the complaint or counterclaim for infringement in the action. In the case of claims against the United States Government for use of a patented invention, the period before bringing suit, up to six years, between the date of receipt of a written claim for compensation by the department or agency of the Government having authority to settle such claim, and the date of mailing by the Government of a notice to the claimant that his claim has been denied shall not be counted as a part of the period referred to in the preceding paragraph.