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In the last few years, the US Supreme Court has held that laches is not an available defense to claims for copyright or patent infringement brought within the limited periods described under each of the Copyright and Patent Acts
The US Supreme Court’s ruling in B&B Hardware, Inc v Hargis Industries, Inc provided that courts were obligated to give preclusive effect to decisions made by the US Patent and Trademark Office’s Trademark Trial and Appeal Board (TTAB) if the ordinary elements of issue preclusion are met
