The Federal Circuit also stated that when Congress adopted the Patent Act of 1952, a laches defense
existed among the «exceptions» to
defenses allowed for Section 286
under the
existing common
law, which included «unenforceability.»
It would most likely be up to a jury to consider whether modern day football helmet has any design defects and, in weighing that question, a Massachusetts jury would be asked to weigh several factors: - the gravity of the danger posed by the current football helmet design - the likelihood that head injury will result from the use of the helmet - the technical feasibility of a safer alternative design - the financial feasibility of that alternative design, and - any other consequences likely to result from the alternative design However, even if a jury were to conclude that there
exists a cost - effective design that would be more effective in preventing head injuries than the current football helmet design, the manufacturer might still have a few
defenses under Massachusetts
law: the so - called Vassallo defense and Correia defense.