CAFC Patent Cases, 6/3/21-6/15/21

Precedential Federal Circuit Opinions

1. HYATT v. HIRSCHFELD [OPINION] (2018-2390, 2018-2391, 2018-2392, 2019-1038, 2019-1039, 2019-1049, 2019-1070, 06/01/2021) (Reyna, Wallach, Hughes)
   Reyna, J. The Court addressed the issue of "submarine patents" and held that "prosecution laches is a defense available to the Patent and Trademark Office in an action to obtain a patent under 35 U.S.C. § 145." The Court noted that submarine patents are those that result from a patent applicant repeatedly filing applications, abandoning them and filing continuation applications in their place so that the patentee "could obtain a patent at a financially desirable time when the accused product market had become suitably developed." The Court noted that submarine patents can upset the expectations of product manufacturers and create a drain on Patent Office resources. "During negotiations of the Agreement on Trade-Related Aspects of Intellectual Property ('TRIPS Agreement') at the