Eastern District Of Texas Finds Patent Unenforceable Due To Prosecution Laches
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.