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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
Although it is the general policy of the USPTO’s Trademark Trial and Appeal Board (TTAB) to suspend opposition proceedings when the parties to such proceedings become involved in a civil action which may be dispositive of the case, a recent decision issued by the US District Court for the District of Delaware in Tigercat Int’l, Inc. v Caterpillar Inc. indicates that there are circumstances where, conversely, federal courts will stay a litigation pending a TTAB ruling.
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
