Patents, Copyrights and Trademarks -- 2002



Symbol Technologies, Inc. v. Lemelson Medical, Education & Research Foundation   (Federal Circuit)

"Submarine patents"

The Federal Circuit ruled that companies sued for patent infringement can defend themselves by using the doctrine of "laches," which prohibits parties from suing after an unreasonable and unexplained delay. This case involves "submarine patents," which arise from applications filed many years before the patents are actually issued. During these years, entire industries grow to rely on what turns out to be a patented invention, only to be sued for infringement. The NAM filed an amicus brief 12/16/00, arguing that lengthy delay in enforcing the Lemelson bar-coding patents was unreasonable, and that the courts should step in to stop the suit. The problem created when submarine patents surface is particularly difficult in fast-paced industries with rapid innovation and short product cycles. The Lemelson patents alone have led to infringement suits against hundreds of companies, although the patents were pending for two to three decades before finally surfacing long after the technology had become integral to major manufacturing industries.