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Prosecution Laches

 By Kenneth R. Corsello and Edward T. Colbert of Kenyon & Kenyon LLP

In Symbol Technologies Inc. v. Lemelson Medical, Educational & Research Foundation Ltd. Partnership, No. 00-1583, 2002 WL 89019 (Fed. Cir. Jan. 24, 2002), the U.S. Court of Appeals for the Federal Circuit held that a patent may be unenforceable due to laches based on the patent applicant's delay in prosecuting the underlying patent application.



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