Litigators for Warner secured an intellectual property win for a German client this week in the U.S. Court of Appeals for the Federal Circuit. Led by Douglas A. Dozeman, the litigation team successfully argued that plaintiff Hedwig Lismont’s patent claim against welding giant Abicor Binzel Corp. was barred by the “doctrine of laches” — meaning he waited too long to file the claim after the U.S. patent covering a method for manufacturing a gas welding tip was issued.
The Federal Circuit upheld a lower court summary judgment in Lismont v. Alexander Binzel Corp. that dismissed Lismont’s claims, noting that lawsuits filed in Europe on the ownership of the corresponding German patent did not excuse the delay in filing a claim on the U.S. patent covering the same technology.
"We are pleased with the decision,” said Dozeman, who is also Managing Partner at Warner. “In this decision, the Federal Circuit clarified that claimants cannot indefinitely delay bringing action, even if they are pursuing other litigation elsewhere.”
To read the full opinion, click Lismont v. Alexander Binzel Corp. To learn more about Warner’s Litigation and Dispute Resolution Practice, visit http://wnj.com/Practices/Litigation-and-Dispute-Resolution.
