Leon Stambler, Plaintiff-appellant, v. Diebold, Inc., Ncr Corporation and Manufacturers Hanoverstrust Co., Defendants-appellees, 878 F.2d 1445 (Fed. Cir. 1989)

DECISION

Leon Stambler (Stambler) appeals from a September 8, 1988 summary judgment of the United States District Court for the Eastern District of New York, No. 85 CV 3014. We affirm.

OPINION

Stambler has not established the presence of a genuine issue of material fact as to: (1) its failure to initiate suit for more than six years after knowing of Diebold's alleged infringement, see Bott v. Four Star Corp., 807 F.2d 1567, 1575, 1 USPQ2d 1210, 1216 (Fed. Cir. 1986); (2) a reasonable excuse for its delay or lack of prejudice to Diebold, see Jamesbury Corp. v. Litton Indus. Prods., Inc., 839 F.2d 1544, 1552, 5 USPQ2d 1779, 1785 (Fed. Cir.), cert. denied, 109 S. Ct. 80 (1988); (3) Stambler's misleading conduct and Diebold's detrimental reliance, see id. at 1553-54, 5 USPQ2d at 1786-87; and (4) absence of egregious conduct by Diebold effective to preclude application of laches and estoppel.