equitable defense
A defense formerly available only in a court of equity but now maintainable in a court of law. • Examples include mistake, fraud, illegality, failure of consideration, forum non conveniens, laches, estoppel, and unclean hands.
A defense formerly available only in a court of equity but now maintainable in a court of law. • Examples include mistake, fraud, illegality, failure of consideration, forum non conveniens, laches, estoppel, and unclean hands.
statute of limitations. 1. A law that bars claims after a specified period; specif., a statute establishing a time limit for suing in a civil case, based on the date when the claim accrued (as when the injury occurred or was discovered). • The purpose of such a statute is to require diligent prosecution of
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Slang. A patent that is delayed in prosecution by the applicant in order to let an infringing user continue to develop its business, with the intention of taking in later-invented technology once the patent finally “surfaces” from the U.S. Patent and Trademark Office. • Typically, the patent applicant is aware of the developments and consciously
A claim that is barred by the statute of limitations or the defense of laches. — Also termed stale demand. [Cases: Equity 67; Limitation of Actions 1, 165. C.J.S. Equity §§ 128–132; Limitations of Actions §§ 2–4, 10–11.]
懈怠 英语:laches 法语:défense fondée sur l’inaction du demandeur à revendiquer ses droits 德语:Verwirkung eines Rechts 意大利语:inattività irragionevole nell’esercizio di un diritto 西班牙语:prescripción
lying by (行使权利的)延误;疏于行使权利;懈怠 某人对于有利害关系的交易,当场为沉默之意思表示,则视为默认。此后若其意图反悔,则他人可以其疏于行使权利而阻止其反悔。 (→estoppel; laches)