Personalized Media Communications, LLC v. Apple Inc.

 
APPEAL NO.
21-2275
OP. BELOW
DCT
OPINION
TBD
SUBJECT
Patent
AUTHOR
TBD

Issue(s) Presented

“1. Whether the district court committed legal and clear factual errors and otherwise abused its discretion in holding that Apple met its burden of establishing, by clear and convincing evidence, that PMC’s conduct in prosecuting the ’091 Patent constituted an egregious misuse of the patent system causing an unreasonable and unexplained delay in prosecution, and so declaring the ’091 Patent unenforceable based on prosecution laches. 2. Whether the district court committed legal and clear factual errors and otherwise abused its discretion in holding that Apple met its burden of establishing, by clear and convincing evidence, intervening rights during a period of unreasonable and unexplained delay, and so declaring the ’091 Patent unenforceable based on prosecution laches.”