News & Analysis as of

Equitable Estoppel

Third Parties Fail To Force Arbitration in Three Circuits

The “Summer of Arbitration” draws to a close today, if you can believe it. (On the first day of fall, it is supposed to be 91 degrees in Minnesota. Yikes.) But before I close that chapter, let’s take a look at a theme that...more

Employee Benefits Developments - August 2017

by Hodgson Russ LLP on

The Employee Benefits practice group is pleased to present the Benefits Developments Newsletter for the month of August, 2017. Affordable Care Act – “I’m not dead yet!” - The Patient Protection and Affordable Care Act...more

No Signature? No Problem! Enforcing Arbitration Even Without Everyone Signing

by Seyfarth Shaw LLP on

Seyfarth Synopsis: California courts are often hostile towards defendants that seek to require litigious employees to honor their arbitration agreements. The defendant’s plight might seem more stark still if the defendant has...more

Court Compels Arbitration Of Non-Signatory Party Seeking To Recoup Damages Flowing From Contract Containing Arbitration Clause

by Carlton Fields on

A federal district court has required Scottsdale Insurance Company to arbitrate a claim against Kinsale Insurance Company based on an arbitration clause in a contract between Kinsale and its insured – a contract to which...more

Equitable Estoppel Halts Insurer’s Success In Bad Faith Claim

by Nexsen Pruet, PLLC on

Demonstrating that equitable estoppel can create genuine obstacles for insurers, the court in the Middle District of North Carolina denied a carrier relief to which it would have otherwise been entitled based upon the...more

June 2017: Equitable Defenses in Patent Cases After SCA Hygiene

On March 21, 2017, the U.S. Supreme Court issued its highly anticipated opinion in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, 580 U.S. , No. 15-927, slip op. (Mar. 21, 2017), eliminating the...more

A strict enforcement of time bar provisions

by White & Case LLP on

Time bar provisions are a relatively common feature of construction contracts, but often arouse concern because they are seen to be "harsh". A recent case from Northern Ireland confirms that notwithstanding any "harsh"...more

Summaries of All Supreme Court and Precedential Federal Circuit Patent Cases Decided Since Jun. 1, 2016

This paper is based on reports on precedential patent cases decided by the Federal Circuit distributed by Peter Heuser on a weekly basis. Please see full publication below for more information....more

Recent Developments In Patent Law May 17, 2017

Update to TC Heartland LLC v. Kraft Foods Group Brands LLC, Case No. 16-341 (May 22, 2017) - In an 8-0 opinion written by Justice Thomas (Justice Gorsuch did not participate), the Supreme Court rules that a defendant...more

Arbitration Agreement Enforced on Behalf of Nonsignatory

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Court of Appeal has utilized theories of equitable estoppel and agency to hold that an employee must arbitrate claims he asserted against an alleged joint employer, even though that defendant...more

Federal Circuit Review | April 2017

by Knobbe Martens on

Patentee’s Unnecessarily Broad Prosecution Disclaimer Affirmed by Federal Circuit - In Technology Properties Limited LLC v. Huawei Technologies Co., Ltd., Appeal Nos. 2016-1306, -1307, -1309, -1310, -1311, the Federal...more

D.C. Circuit Awards Navajo Nation $15.7 Million in Additional Annual ISDEAA Funding

by Holland & Knight LLP on

Court: Bureau of Indian Affairs Failed to Act in Timely Manner on Tribal Funding Proposal - The U.S. Court of Appeals for the District of Columbia Circuit on April 4, 2017, ruled that the Navajo Nation is entitled to...more

What do Raging Bull and Adult Diapers Have in Common?

by Dorsey & Whitney LLP on

Apparently, quite a bit according to the Supreme Court. The Supreme Court has dipped its toe into the waters of intellectual property law again and has decided to overturn 150 years or more of common law precedent in its...more

Laches no longer a defense to patent infringement

by Thompson Coburn LLP on

While under attack for several years now, the patent infringement defense of laches was dealt a serious, and likely final, blow by the recent Supreme Court case of SCA Hygiene Products AB et al. v. First Quality Baby Products...more

Sit Back, Make the Popcorn, and Watch: Patent Owners, You Have Six Years to Bring Your Infringement Claim

In SCA Hugiene Products Aktiebolag v. First Quality Baby Products, LLC, [15–927] (March 21, 2017), the Supreme Court reversed the Federal Circuit and held that laches cannot be invoked as a defense against a claim for damages...more

SCA Hygiene Case Provides a Clear Win for Patent Owners

In SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, the Supreme Court last week overruled the Federal Circuit’s en banc decision that laches (unreasonable delay in bringing a claim) can bar recovery of...more

Litigation Alert: Supreme Court Extends Petrella Rule Barring Laches to Patent Context

by Fenwick & West LLP on

Three years ago, in Petrella v. Metro-Goldwyn-Mayer, Inc., the Supreme Court held that the equitable defense of laches is not available against copyright claims for damages brought within the Copyright Act’s three-year...more

Laches not available to defeat patent infringement damages claim: SCA Hygiene Products v First Quality Baby Products

by Ladas & Parry LLP on

In a 7-1 decision on March 21, 2017, in the case of SCA Hygiene Products AB v. First Quality Baby Products LLC, the United States Supreme Court reversed an en banc decision of the Court of Appeals for the Federal Circuit and...more

Supreme Court Rejects Laches Defense in Patent Cases

The U.S. Supreme Court ruled this week that laches is not a defense in the majority of patent cases. Justice Alito, writing for the 7-1 majority, found the application of laches to patent disputes incompatible with the...more

Mind the “Gap”: Laches No Defense to Claims for Patent Damages

by Butler Snow LLP on

Last week the Supreme Court held in a 7-1 decision that the equitable defense of laches is no defense to the legal remedy of patent damages where the infringement occurred during the statutory period of 35 U.S.C. § 286. SCA...more

Supreme Court Curbs Laches as a Defense in Patent Cases

by Jones Day on

In SCA Hygiene Products v. First Quality Baby Products, decided on March 21, 2017, the U.S. Supreme Court significantly reduced the role of the laches defense in patent actions: "Laches cannot be interposed as a defense...more

Supreme Court Eliminates the Laches Defense in Patent Cases

The Supreme Court held that laches is no longer a defense against patent infringement. The Patent Act’s six-year statute of limitations already limits the window for damages for infringement, which precludes any further...more

U.S. Supreme Court Eliminates Laches Defense for Damages in Patent Suits

by Knobbe Martens on

The U.S. Supreme Court on Tuesday, March 21, 2017, held in a 7-1 decision that the defense of laches is not available under the Patent Act to bar claims for damages. SCA Hygiene Products Aktiebolag v. First Quality Baby...more

Supreme Court Holds Laches Is Not a Defense to Patent Infringement Damages

by Ropes & Gray LLP on

On March 21, 2017, in SCA Hygiene Products v. First Quality Baby Products, LLC, the Supreme Court overturned long-standing Federal Circuit law regarding the defense of laches, holding that laches is not a defense to damages...more

Supreme Court eliminates key defense in many patent infringement suits

by Dentons on

In a strong reversal of the Federal Circuit, the US Supreme Court held in SCA Hygiene Products Aktiebolag v First Quality Baby Products, LLC, No. 15-927 (March 21, 2017), that delay by a patentee will not give rise to a...more

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