In a new precedential order, the U.S. Court of Appeals for the Federal Circuit denied Lemelson's petition for rehearing en banc of the U.S. Court of Appeals for the Federal Circuit decision of September 9, 2005. (See IP Update, Vol. 8, No. 9). Symbol Technologies, Inc. v. Lemelson Foundation, Case No. 04-1451 (Fed. Cir. Nov. 16, 2005) (Michel, C.J.; Newman, Mayer, Lourie, Clevenger, Rader, Bryson, Gajarsa and Dyk, J.).
In its earlier decision the Federal Circuit upheld the district court judgment that 14 Lemelson patents in issue were unenforceable under the doctrine of prosecution laches based on unreasonable delay. In its new order, the Court amended its earlier decision to make its finding of unenforceability apply to each and every claim of the patents: "… in our view the … appropriate course of action is to apply the [district court’s] laches holding to all of the claims …"
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