February 16, 2016 – The Court denied defendant Kaz USA’s motion for judgment on defenses of laches and equitable estoppel. The patents at issue are U.S. Patent No. 6,292,685, entitled “Temporal artery temperature detector,” and U.S. Patent No. 7,787,938, entitled “Temporal artery temperature detector.”
The Court denied Kaz USA’s motion for judgment on its laches defense because plaintiff Exergen was actively enforcing its patents during the four-year delay. Further, the Court denied Kaz USA’s motion for judgment on its equitable estoppel defense because there was no reliance on misleading conduct. The case is pending in the District of Massachusetts and is captioned: Exergen Corporation v. Kaz USA, Inc., LLC, MAD-1-13-cv-10628.
By: David G. Varghese