The magistrate judge recommended denying plaintiff's motion for summary judgment as to defendant's laches defense, finding fact issues with respect to both the reasonableness of delay (both in filing the lawsuit and correcting the asserted patent) and prejudice to defendants. "From approximately October of 2006 until [January 2008], Defendants relied upon the fact that uncorrected Claim 26 of the [patent-in-suit] was ambiguous and indefinite. During this time period, viewing the facts in a light most favorable to Defendants, Defendants detrimentally relied upon this uncorrected Claim 26 by beginning sales in the United States of the accused . . . televisions."
Advanced Technology Incubator, Inc. v. Sharp Corporation et al., 2-07-cv-00468
(TXED September 4, 2009, Report & Recommendations) (Bryant, M.J.)
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