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Supreme Court of the United States › Copyright › Laches

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Knobbe Martens

How Does the Supreme Court’s Recent Ruling on Incontinence Products Spill Over into Fashion?

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On March 21, 2017 the Supreme Court issued a monumental holding removing the availability of laches as a defense in a claim for damages under patent infringement. The case changes decades of legal precedent, and adopts...more

Morrison & Foerster LLP

MoFo IP Newsletter - April 2017

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Supreme Court Restricts the Extraterritorial Reach of U.S. Patent Law for Exported Goods - On February 22, 2017, the Supreme Court in a landmark decision held that the supply of a single component of a multicomponent...more

McNees Wallace & Nurick LLC

A Big Week for Intellectual Property: Supreme Court Decides Patent and Copyright Cases

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Last week, the U.S. Supreme Court issued two opinions on intellectual property issues. On March 21, 2017, the Court decided in a 7-1 opinion that laches is no longer a valid defense to a claim of patent infringement occurring...more

Miller & Martin PLLC

Be Aggressive, B-E Aggressive – SCOTUS Encourages IP Plaintiffs

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Last week, the U.S. Supreme Court decided two much anticipated intellectual property cases. Supreme Court Rejects Laches in Patent Infringement Cases - The first, SCA Hygiene Products Aktiebolag et al. v. First Quality...more

Knobbe Martens

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

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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

Pillsbury Winthrop Shaw Pittman LLP

The Batmobile Battle: Ninth Circuit’s Three-Part Test Creates New Landscape for Infringement as Supreme Court Denies Cert

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The U.S. Supreme Court declined to grant certiorari over a Ninth Circuit decision (Towle v. D.C. Comics)1 upholding a district court’s findings that Batman’s vehicle, the “Batmobile,” is itself a character subject to...more

Morrison & Foerster LLP

MoFo IP Newsletter - January 2016

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Highlights of 2015 and What to Watch in 2016 in The United States - Commil USA, llC v. CiSCo SyStemS, inC. (Supreme Court, may 26, 2015). In May, the Supreme Court held that a good faith belief that an asserted patent...more

Foley & Lardner LLP

En Banc Federal Circuit Preserves The Patent Laches Defense Over Dissent

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In a divided en banc decision in SCA Hygiene Products v. First Quality Baby Products, the Federal Circuit preserved the defense of laches for patent cases even though the Supreme Court eliminated that defense in copyright...more

Womble Bond Dickinson

Federal Circuit Confirms Laches Remains Available in Patent Infringement Actions

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Laches is an equitable defense based on a plaintiff’s unreasonable delay in pursuing a claim. In 2014, the Supreme Court effectively eliminated the laches defense in copyright cases, ruling that the copyright statute allows...more

Snell & Wilmer

Laches Remains a Defense to Legal Relief in Patent Infringement Cases After Petrella

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Laches remains applicable in the patent context to bar pre-suit damages after an en banc Federal Circuit ruling late last week in SCA Hygiene Products Aktiebolag v. First Quality Baby Products. Last year in the “Raging Bull”...more

Robins Kaplan LLP

Supreme Court’s Footnote About Auckerman in Petrella v. Metro-Goldwyn-Mayer, Inc. Does Not Create New Law: Cordis’s Laches Defense...

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Medinol Ltd., v. Cordis Corporation and Johnson & Johnson Case Number: 1:13-cv-0148-SAS In March, Judge Scheindlin found that laches formed a complete defense for Cordis in this matter. Medinol did not appeal...more

Bradley Arant Boult Cummings LLP

Raging Bull Decision Riles Hollywood, Thrills Plaintiffs

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In June, the Supreme Court issued a landmark decision affecting copyright claims and defenses. The copyrighted work at issue was the popular motion picture Raging Bull, in which Robert DeNiro plays famous boxing champion Jake...more

Sheppard Mullin Richter & Hampton LLP

Laches, Statutes of Limitations and Raging Bull: The Supreme Court Re-Emphasizes The Pitfalls Of Delay In Copyright Cases

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In Petrella v. Metro-Goldwyn-Mayer, Inc., 572 U.S. __ (2014), the United States Supreme Court addressed the role that the equitable defense of laches – i.e., a plaintiff’s unreasonable and prejudicial delay in commencing suit...more

JAMS

“Raging Bull” Decision Highlights Importance of ADR in Entertainment Disputes

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“Raging Bull” is a classic 1980 motion picture directed by Martin Scorsese and starring Robert De Niro as boxer Jake LaMotta. In the case of Petrella v. Metro- Goldwyn-Mayer, Inc., the United States Supreme Court recently...more

K&L Gates LLP

Raging Bull and Copyright Trolls: The Supreme Court “Knocks Out” The Laches Defense in Copyright Fights

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The 1980 movie classic Raging Bull tells the story of the hard-charging boxer Jake LaMotta, the prizefighter from the Bronx who pulverized opponents and eliminated their defenses in the ring. Just days ago in the biggest ring...more

Akin Gump Strauss Hauer & Feld LLP

Supreme Court Copyright Decision Determines When Laches Applies

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On May 19, 2014, in a six-to-three decision written by Justice Ginsburg, the U.S. Supreme Court held that the doctrine of laches did not bar either legal or equitable relief in a copyright case that was brought within the...more

Pillsbury Winthrop Shaw Pittman LLP

Raging Bull Heiress Knocks Out MGM’s Laches Defense

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In Petrella v. Metro-Goldwyn-Mayer, Inc., Supreme Court holds that laches cannot bar claims for damages for copyright infringement brought during the 3-year limitations period. On May 19, 2014, in a case concerning the...more

Eversheds Sutherland (US) LLP

U.S. Supreme Court Holds That Laches Cannot Bar Damages Relief for Timely Filed Copyright Infringement Claims

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The U.S. Supreme Court held Monday that the defense of laches cannot serve as an absolute bar to relief for actions brought within the Copyright Act’s three-year limitations period. The majority opinion, penned by Justice...more

Fenwick & West LLP

Supreme Court's Petrella Decision Eliminates the Laches Defense as an Absolute Bar to Copyright Claims

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In the coming months, authors of copyrighted materials may begin resurrecting long buried works and asserting infringement claims against current users. The doctrine of laches — a plaintiff’s unreasonable delay in bringing...more

Morrison & Foerster LLP

Supreme Court Finds Laches Does Not Bar Copyright Infringement Claim: Petrella v. Metro - Goldwyn - Mayer, Inc.

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The doctrine of laches cannot be invoked as a bar to a plaintiff's claim for damages brought within the Copyright Act’s three-year statute of limitations period, according to the United States Supreme Court’s decision in...more

McDonnell Boehnen Hulbert & Berghoff LLP

The Status of Patent Laches after Petrella v. MGM

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Today in Petrella v. Metro-Goldwyn-Mayer, Inc. (case number 12-1315), the U.S. Supreme Court ruled that the doctrine of laches could not be invoked to bar a copyright claim that was brought within the statutorily allowed...more

Foley Hoag LLP - Trademark, Copyright &...

Delaying Bull: The Supreme Court Hears The Raging Bull Copyright Laches Case

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On January 21, 2014, oral arguments were held in the Supreme Court case of Petrella v. Metro-Goldwyn-Mayer, Inc., which concerned the copyright to the story underlying the film Raging Bull. We previously discussed this case...more

Proskauer Rose LLP

Three Point Shot

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Sports and Hollywood have long been inextricably linked – many athletes want to be and even become actors, countless actors have lived out their athletic fantasies on the silver screen, and it is no secret that athletes and...more

Foley Hoag LLP - Trademark, Copyright &...

Rolling with the Punches: A Blow-by-Blow Account of the Supreme Court’s Copyright Laches Case

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At some point, a legal claim is just so old and stale that it’s unfair to allow the plaintiff to bring it. The statute of limitations and the doctrine of laches are two different solutions to this same problem. The former...more

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