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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46287 Judge Patterson DEFENDANTS MOVED for an order declaring that certain patents for clothes hangers with side sizer tabs owned by plaintiff are unenforceable due to prosecution laches. The patents at issue were issued to an individual as divisional or continuation applications relating to earlier patent applications for clothes hangers with side sizer tabs filed by the individual beginning in 1990. Defendants pointed out that the individual’s declaration had failed to set forth any facts demonstrating why plaintiff had filed the additional continuation or divisional applications. The court denied the motion, finding that plaintiff raised a genuine issue of material fact as to whether the delays complained of by defendants were unreasonable and unexplained. In addition, the court found that defendants raised genuine issues of material fact in view of the credibility issues raised and plaintiff’s failure to demonstrate that the patent applications correlate to competitor’s products on the market.

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