News & Analysis as of

Laches Patent Litigation Patent Act

Shook, Hardy & Bacon L.L.P.

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

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...more

Fenwick & West LLP

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

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

Akerman LLP - Marks, Works & Secrets

Laches Limited To Being An Equitable Defense In Patent Cases

In SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, the Supreme Court made plain that laches is merely an equitable defense in patent cases, and will not bar a damage claim if brought within the six year...more

McDermott Will & Emery

US Supreme Court Knocks out the Equitable Defense of Laches in Patent Law

McDermott Will & Emery on

The Supreme Court of the United States in SCA Hygiene Prods. Aktiebolag, et al. v. First Quality Baby Prods., LLC, et al., has held that the equitable defense of laches is no longer a valid defense to patent damages claims...more

Morgan Lewis

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

Morgan Lewis on

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

Polsinelli

Supreme Court Decision Alters Patent Defense Landscape

Polsinelli on

In a highly-anticipated ruling, the Supreme Court held that patent holders can recover damages for infringement even when the patent holders unreasonably delayed filing a lawsuit. In SCA Hygiene Products AB v. First Quality...more

Snell & Wilmer

Supreme Court Holds Laches May Not Bar Patent Infringement Damages Within 6-Year Statutory Limitations Period

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The United States Supreme Court announced today that laches, an affirmative defense based on an injured party’s delay in bringing suit, may not bar patent infringement damages within the six-year period under § 286 of the...more

Lathrop GPM

Laches No Longer a Defense to Pre-Suit Damages in Patent Infringement Cases

Lathrop GPM on

On March 21, 2017, the U.S. Supreme Court, in a highly anticipated 7-1 decision, held that laches cannot be invoked as a defense against damages for patent infringement occurring within the six-year damages limitation period...more

Nutter McClennen & Fish LLP

The Supreme Court Strikes Down Laches as a Defense to Patent Infringement

Today the U.S. Supreme Court issued an opinion, SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, in which it held that laches cannot be used as a defense to a claim of patent infringement. The opinion had...more

McDonnell Boehnen Hulbert & Berghoff LLP

SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC (2017)

The U.S. Supreme Court overturned another Federal Circuit decision today (this one having been decided en banc by the appellate court), in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC. The outcome was...more

McDonnell Boehnen Hulbert & Berghoff LLP

SCOTUS: Supreme Court Strikes Down Patent Laches Defense in SCA Hygiene

As was widely expected from the Justices’ positions at oral arguments, a nearly unanimous Supreme Court today struck down the patent laches doctrine in SCA Hygiene Prods. Aktiebolag, v. First Quality Baby Prods., LLC, 580...more

Womble Bond Dickinson

Federal Circuit Confirms Laches Remains Available in Patent Infringement Actions

Womble Bond Dickinson on

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

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