My patent law is a little rusty, but doesn't the patent owner have to claim infringement within a reasonable amount of time? How long has the Prius been out - 2 or 3 years? ANd they are just filing a claim now?
The upshot is that if I own a patent, I can't just wait for years while it is infringed, and then come in and claim my triple damages based on the other guy's work. I have to challenge within a reasonable amount of time, or else the infringer has "squatter's rights".
Slashdot Mirror
Actually there is for patents - it's called the doctrine of laches (had to dig out my old notes). I don't have any more details than that.
My patent law is a little rusty, but doesn't the patent owner have to claim infringement within a reasonable amount of time? How long has the Prius been out - 2 or 3 years? ANd they are just filing a claim now? The upshot is that if I own a patent, I can't just wait for years while it is infringed, and then come in and claim my triple damages based on the other guy's work. I have to challenge within a reasonable amount of time, or else the infringer has "squatter's rights".