No Excuse for Waiting Eight Years to Raise Claim

Serdaveric v. Advanced Medical Optics, Inc., [2008-1075] (July 16, 2008) [LINN, Michel, Zagel] The Federal Circuit affirmed summary judgment on the basis of laches and state statutes of limitations on Serdaveric’s claims for correction of inventorship and unjust enrichment.
BRIEF: Laches is an equitable defense that may bar an inventorship claim. The application of the defense of laches is committed to the sound discretion of the district court. “[A] delay of more than six years after the omitted inventor knew or should have known of the issuance of the patent will produce a rebuttable presumption of laches.” The presumption applied because Serdaveric waited at least eight years. Serdarevic argued that her eight-year delay in bringing suit was reasonable or excusable because of her unfamiliarity with the U.S. patent system, her inability to obtain legal counsel, and her efforts to license her inventorship rights. The Federal Circuit agreed that these excuses were insufficient to prevent the application of the presumption, and further found that plaintiff failed to rebut the presumption of prejudice, in view of the death of important witnesses. The Federal Circuit went on to affirm summary judgment on the state unfair competition claims, as well as the denial of further discovery under Rule 56(f).