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ITC Declines to Consider If Laches is Available as a Defense, <i>ITC Blog</i>

ITC Declines to Consider If Laches is Available as a Defense, ITC Blog

Visit the Jones Day ITC Blog.

On July 26, 2016, the Commission issued an Opinion in Certain Network Devices, Related Software and Components Thereof (I), Inv. No. 337-TA-944, declining an opportunity to clarify whether a laches defense is available in ITC proceedings.  The ITC found a violation of Section 337 based on the infringement of three asserted patents and issued a limited exclusion order and cease and desist order.  Of note, the Commission reviewed the Initial Determination (“ID”) findings related to a laches defense and found that the evidence presented falls short of the high burden of demonstrating unreasonable delay, but declined to reach the legal issue of whether laches was available as a defense in the ITC.

Read the full article at the ITC Blog.

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