For Your Data A.C. Aukerman Co. V. R.I. Chaides Structure Representative Brief

A.C. Aukerman Co. v. R.I. Chaides Construction illustration brief summary
960 F.2d 1020 (1992) (en banc)

CASE SYNOPSIS

Plaintiff patentee appealed an guild of the U.S. of America District Court for the Northern District of California granting summary judgment to defendant, the alleged infringer, nether the principles of laches as well as equitable estoppel inwards a conform that alleged patent infringement amongst abide by to the patentee's method as well as device for forming concrete highway barriers.

CASE FACTS

• Plaintiff held 2 patents relating to a slip-form device for forming concrete highway barriers capable of separating highway surfaces of dissimilar elevations. 
• After accused purchased 1 of these slip-forms from plaintiff's licensee, plaintiff warned that it raised a query of infringement as well as offered accused a license. 
• Discussions followed for a few months, thus accused refused a license. 
• There were no farther communications for to a greater extent than than 8 years, during which accused made a 2nd bird as well as increased its trouble organisation of making highway barriers. 
• Plaintiff thus threatened to sue unless accused executed a license. 
• A yr later, plaintiff sued accused for patent infringement. 
• Defendant was granted summary judgment on the Earth of laches as well as equitable estoppel as well as plaintiff appealed. 

DISCUSSION

• In reversing, the courtroom ruled, inter alia, that, although those equitable defenses were available under 35 U.S.C.S. § 282, the burden of sentiment was improperly shifted to plaintiff to rebut the presumption of laches that arose from a delay of to a greater extent than than half dozen years as well as genuine issues existed equally to whether plaintiff's comport suggested that it would non enforce its patents.

CONCLUSION

Summary judgment was reversed as well as the illustration remanded for trial.

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