The Ninth Circuit recently held that sporadic negotiations, cancellation petitions after four years, and the defendant's growing business do not bar the laches defense.  The court also awarded fees to the defendant since it appeared that the plaintiff was slow walking the case as settlement leverage.  

Once again, the Ninth Circuit assumed the laches period was four years.  This leaves open the question raised in the Fitbit case on whether the laches period in California could be as short as two years.