Wait For It: "Unreasonable Delay" in Bringing Suit is No Longer a Defense in Patent Cases

Shook, Hardy & Bacon L.L.P.
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The U.S. Supreme Court recently issued a 7-1 ruling in SCA Hygiene1 that eliminated the common-law defense of laches in patent infringement cases. The Supreme Court reasoned that laches is a “gap-filling doctrine” that does not apply to patent law because a federal statute already prevents patent owners from collecting damages for any infringement occurring six or more years before they filed an infringement suit.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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