Lismont v. Alexander Binzel Corp. et al.

Fitzpatrick Case Update
February 16, 2016

n Lismont v. Alexander Binzel Corp. et al., Slip Op. 2014-1846 (Fed. Cir., Feb. 16, 2016) the Federal Circuit panel held that a rebuttable presumption of laches attaches to an inventorship claim when more than six years passes from the time a purported omitted inventor knew or should have known of the issuance of the relevant patent. The presumption may be rebutted if the omitted inventor offers evidence to show an excuse for the delay, that the delay was reasonable, or by placing defense prejudice and economic prejudice genuinely in issue.

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