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Laches

Calendar and hourglass
A defense sometimes asserted in IP litigation which requires defendant to show: (1) a delay in asserting a right or claim; (2) that the delay was not excusable; and (3) that the delay caused the defendant undue prejudice.  For patents the statutory period for latches is 6 years.   Accordingly, some patents are litigated well after their expiration date based on past infringement liability.  


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