Symbol Tech. v. Lemelson (Fed. Cir. 2005) (order).
In a recent decision, the Federal Circuit affirmed a finding that Lemelson’s patents were unenforceable due to prosecution laches. Lemelson filed a petition for rehearing. In an order based on that petition, the CAFC declined the opportunity to rehear the case except by further punishing the long-time patent holder.
Although the district court did not make its resolution of the laches issue applicable to the remaining claims, holding that the question would be decided only if it later became necessary to do so, in our view, the more appropriate course of action is to apply the laches holding to all of the claims in the 14 asserted patents. Lemelson does not provide any persuasive reason why that should not be so.