Intellectual Property
Apr. 18, 2013
Equitable estoppel case out of touch with reality
Equitable estoppel is a well-established doctrine, but its fact-specific application often is hard to predict. This is exemplified in the Federal Circuit's recent decision in Radio Systems Corp. v. Lalor.
Rebecca Clifford
Irell & Manella LLPRebecca concentrates on intellectual property and general business litigation.
Equitable estoppel is a well-established doctrine, but its fact-specific application often is hard to predict. This unpredictability is exemplified in the Federal Circuit's recent decision in Radio Systems Corp. v. Lalor, No. 2012-1233 (Mar. 6, 2013). In deciding whether 4 1/2 years of silence following a pre-lawsuit demand letter estopped a patentee from asserting its claims, the Federal Circuit drew a fine line in holding that the patentee was estopped from raising claims as to a ...
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