Fact-Checking the Assertions of the Parties in Hyatt v. Squires

Jun 12, 2026

1 minute read

Gilbert Hyatt petitioned the Supreme Court for certiorari challenging the Federal Circuit's prosecution laches doctrine from Hyatt v. Hirshfeld and Hyatt v. Stewart. The Federal Circuit created a six-year presumption rule for "unreasonable delay" that can forfeit patent rights. The USPTO opposed, claiming limited impact on post-1995 patents. However, data shows prosecution laches defenses were asserted in 424+ federal cases involving 1,786 post-1995 patents, contradicting USPTO's position about diminishing importance.

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