The Eleventh Circuit joins the Ninth Circuit where, despite a claim of copyright infringement having a three-year statute of limitation, a plaintiff can recover damages more than three years prior to the suit. Recently, the...more
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
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
Central District of California Judge Gary Klausner ruled the founders of rock band Led Zeppelin – and more particularly, front men Jimmy Page and Robert Plant – must face a jury trial to determine whether the band’s most...more
On Friday, September 18, 2015, the Federal Circuit sitting en banc, confirmed in SCA Hygiene Products v. First Quality Baby Products that the common law doctrine of laches is still a viable defense to patent infringement when...more
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
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
Today, in SCA v. First Quality, the Federal Circuit sitting en banc ruled that the equitable doctrine of laches remains a valid defense in patent infringement actions notwithstanding the Supreme Court’s recent decision in...more
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
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
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
“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
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
The word “laches” is from French, meaning “remissness” or “slackness.” One of the familiar equitable defenses, laches developed in chancery to prevent unreasonable delay in pursuing a right or claim, lest that delay prejudice...more
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
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
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
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
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
In Petrella v. MGM, the U.S. Supreme Court was confronted with the question of whether laches is available as a defense to copyright infringement. We have previously written about the case here and here. Yesterday, May 19,...more
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