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· 9/29/1992

Harold S. Hemstreet v. Computer Entry Systems Corporation

Citations

  • 972 F.2d 1290
  • 1992 WL 190407

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that receiving “explicit notice” and “specific warning” of related actions against other infringers, the defendant “apparently made a deliberate business decision to ignore that warning and to proceed as if nothing had occurred”
  • noting that negotiations plus six years of silence did not justify a finding of equitable estoppel
  • finding that the patentee's silence \must be accompanied by some other factor which indicates that the silence was sufficiently misleading as to amount to bad faith\
  • finding summary judgment on laches inappropriate where plaintiff delayed suit against defendant for thirteen years while enforcing its patent against other parties
  • noting the accused infringer made a deliberate business decision to proceed by regarding the plaintiffs warning
  • finding a genuine issue of fact as to whether patentee engaged in misleading conduct because “[t]he letter did not threaten immediate litigation, nor did it provide any deadline for response”

Source: CourtListener parenthetical corpus (CC0).

Judges: Michel, Smith, Plager

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.