Patent Valuation, Monetization and Investments

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Markman Advisors Patent Blog

by Zachary Silbersher

Posts tagged Hyatt
Could prosecution laches threaten Big Pharma patent evergreening?

While Alice arguably wreaked havoc for the past decade on patent plaintiffs, its reach into patents asserted by brand pharma companies was much more limited.  A patent appeal between Sonos and Google currently pending before the Federal Circuit is likely to test the bounds of the doctrine of prosecution laches.  Sonos claims it was robbed of a $32 million jury verdict after the district court found Sonos waited too long to pursue the claims asserted at trial.  Amicus briefs have poured in highlighting a veritable policy debate over prosecution laches.  Could the doctrine of prosecution laches eventually stifle patent evergreening for pharma patents in a way that Alice never could?

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