On August 5, 2021, Judge Gilstrap of the U.S. District Court for the Eastern District of Texas issued a Memorandum Opinion and Order Supported by Findings of Fact and Conclusions of Law regarding defendant Apple’s counterclaim for prosecution laches.  Personalized Media Communications, LLC v. Apple, Inc., No. 2:15-cv-01366-JRG, slip op. (E.D. Tex. Aug. 5, 2021).  Judge Gilstrap found and declared the asserted patent unenforceable under the doctrine of prosecution laches.  In doing so, Judge Gilstrap overturned a $308.5 million jury verdict.

On January 28, 2021, the U.S. District Court for the Northern District of California (NDCA) issued an order granting summary judgment of noninfringement under the doctrine of equivalents.  Fluidigm Corp. v. IONpath, Inc., Case No. 3:19-cv-05639-WHA, Dkt. No. 210 (N.D. Cal. Jan. 28, 2021).  The NDCA found that the patentee “abdicated” its burden under the doctrine of equivalents by refusing to engage in the hypothetical claim analysis required under defendant’s ensnarement defense.