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The Copyright Act Laches

Morrison & Foerster LLP

MoFo IP Newsletter - April 2017

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

Dorsey & Whitney LLP

What do Raging Bull and Adult Diapers Have in Common?

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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

Morgan Lewis

Supreme Court Rejects Laches as Bar to Damages for Timely Asserted Patent Infringement Claims

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The Supreme Court has narrowed the scope of the laches defense in patent infringement actions, aligning its interpretation of laches under the Patent Act with that under the Copyright Act....more

Dorsey & Whitney LLP

The Supreme Court - March, 2017 #2

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The Supreme Court of the United States issued decisions in three cases today: SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, No. 15-927: Petitioner SCA Hygiene Products Aktiebolag (“SCA”) brought a...more

Morrison & Foerster LLP

The Laches Defense Loses Its Grip in Patent Law

Until today, laches had been available as a defense in patent litigation without much debate. The defense often arose in the context of demand letters: a patentee would threaten an accused infringer, but would then wait...more

Womble Bond Dickinson

Fearing Trolls, Some “Friends of the Court” Turn to Laches for Solace While Others Urge Reversal in SCA Hygiene v. First Quality...

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On November 1st, the Supreme Court will hear oral arguments to decide whether “Raging Bull” applies in patent litigation. At issue is whether and to what extent a laches defense may bar a claim for damages in patent...more

Snell & Wilmer

Cheerleaders and Laches

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Monday the U.S. Supreme Court agreed to hear cases on patent laches, SCA Hygiene Products Aktiebolag et al. v. First Quality Baby Products, LLC et al., and copyright protection for clothing, Star Athletica, LLC v. Varsity...more

Dorsey & Whitney LLP

The Supreme Court - May 2016

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The Supreme Court of the United States issued one decision on May 2, 2016: Ocasio v. United States, No. 14-361: Petitioner Samuel Ocasio, a former police officer, was tried and convicted under the Hobbs Act for...more

Morrison & Foerster LLP

Supreme Court Continues Focus on IP

Here we go again: The United States Supreme Court today decided to review two more intellectual property cases. That makes three IP cases so far for next Term (which begins this October), already equaling the number of IP...more

Knobbe Martens

Federal Circuit Review | October 2015

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Federal Circuit Revives Possibility of Permanent Injunction in Apple-Samsung Patent Dispute - In Apple Inc. v. Samsung Electronics Co., Appeal No. 2014-1802, the Federal Circuit reversed for abuse of discretion the...more

McDermott Will & Emery

“Raging Bull” and the Patent Act: Laches Still Available in Patent Cases - SCA Hygiene Products AB et al. v. First Quality Baby...

McDermott Will & Emery on

The U.S. Court of Appeals for the Federal Circuit convened an en banc panel to examine the Supreme Court’s “Raging Bull” decision in Petrella v. Metro-Goldwyn-Mayer, Inc. in the context of deciding whether laches remains a...more

Baker Donelson

What Happens if You Wait Too Long to File Your Patent Case?

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Patent owners recently were reminded that delay in pursuing patent infringers can be fatal. A patent lawsuit that is not filed timely can be blocked by the doctrine of laches, even to the extent of preventing the patent owner...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

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...

Robins Kaplan LLP on

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

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

Eversheds Sutherland (US) LLP

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

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

Morrison & Foerster LLP

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

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

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