They "think laches should still be available, and here’s why: patent defendants and copyright defendants are in very different positions when it comes to defending against stale claims. Patent defendants, unlike their copyright counterparts, often defend themselves by showing that the patent owner’s claimed invention was obvious at the time of filing (thus making the patent invalid). But by delaying a lawsuit, a patent owner can make it difficult for the defendant to find what was known back when the application was filed; records get lost through the passage of time."
"Laches should exist in patent law, despite the Supreme Court’s decision in Petrella,
because this is a place where patent law and copyright law differ. We
hope the Federal Circuit recognizes the important differences between
copyright law and patent law, and how patent owners, by delaying,
seriously impact the ability of an innocent defendant to invalidate bad