@dipmicro wrote:
http://itlaw.wikia.com/wiki/Laches
... Laches is an equitable defense that prevents a plaintiff, who “with full knowledge of the facts, acquiesces in a transaction and sleeps upon his rights.”[1] The doctrine is defined as “neglect to assert a right or claim which, taken together with a lapse of time and other circumstances” cause “prejudice to the adverse party ...
"Wiki" information notwithstanding, laches defences are rare and difficult to sustain, as they offer relief in equity and require a higher standard of scrutiny. The key concept is the question of prejudice to the other party, not necessarily the delay itself, which theoretically could be just a few days, or decades, given the right circumstances.
If it is found that delay by a plaintiff in bringing suit has not unduly prejudiced the defendant's position, it's unlikely a laches defence will succeed in any event. A defendant really has to show that the plaintiff's delay in bringing suit has significantly worsened his (the defendant's) situation.
So in this situation, to succeed in a laches defence, eBay would have to demonstrate that it has been significantly prejudiced as a result of the plaintiff's delay in initiating the lawsuit (which I'd find hard to believe!). In addition, there are often mitigating factors that can reasonably explain or excuse a delay. Courts will also take into account the question of owner's rights (and other equitable concepts) in balancing the appropriateness of accepting a laches defence. Overall a weak defence and not an easy one to pursue effectively.
By the way, there is an important chunk of text absent from the "wiki" sentence above. Someone forgot to add, after "sleeps upon his rights", the words: "from bringing suit" (or something similar, referring to the earlier word "plaintiff"). Otherwise, the statement makes no sense at all. This is often the problem with "wiki" information -- lots of "experts", but no editors.
