Can silence stifle an infringement claim?

Description

Abstract: They say silence is golden. But in one recent case, a patentee’s silence after sending a demand letter had a marked impact on the resulting decision handed down by the U.S. Court of Appeals for the Federal Circuit. The court agreed with the lower court’s finding that equitable estoppel barred the patentee’s infringement claims. This article shows that patentees that discover infringement must do more than simply send a demand letter. If they fail to take further action, they could end up forfeiting their claims down the road. Radio Systems Corp. v. Lalor, No. 2012-1233, March 6, 2013 (Fed. Cir.)