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Statute of Limitations › Equitable Estoppel

Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period... more +
Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -
Morrison & Foerster LLP - Left Coast Appeals

This Week At the Ninth: Surgical Robots and Scienter

Morrison & Foerster LLP - Left Coast Appeals on

This week, we take a look at one decision considering when California law requires application of California’s statute of limitations, and another reiterating the strict standard for pleading scienter in a securities fraud...more

Haight Brown & Bonesteel LLP

Constructive Notice Established as Obstacle to Relation Back Doctrine

Haight Brown & Bonesteel LLP on

In Organizacion Comunidad de Alviso v. City of San Jose, the Sixth Appellate District held that the relation back doctrine was inapplicable where a plaintiff received constructive notice of a defendant’s identity months prior...more

Lewitt Hackman

FRANCHISEE 101: Out of Time, Out of Gas

Lewitt Hackman on

A California federal judge held that breach of contract claims brought by franchisees of two ARCO-branded gas stations against their franchisor BP West Coast Products were untimely, and declined to adopt the franchisees'...more

Knobbe Martens

Federal Circuit Review | April 2017

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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

Dorsey & Whitney LLP

What do Raging Bull and Adult Diapers Have in Common?

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

Bradley Arant Boult Cummings LLP

SCA Hygiene Case Provides a Clear Win for Patent Owners

Bradley Arant Boult Cummings LLP on

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

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

Ladas & Parry LLP

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

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

Proskauer - New England IP Blog

Supreme Court Rejects Laches Defense in Patent Cases

Proskauer - New England IP Blog on

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

Butler Snow LLP

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

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

Jones Day

Supreme Court Curbs Laches as a Defense in Patent Cases

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

Akin Gump Strauss Hauer & Feld LLP

Supreme Court Eliminates the Laches Defense in Patent Cases

Akin Gump Strauss Hauer & Feld LLP on

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

Knobbe Martens

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

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

Spilman Thomas & Battle, PLLC

Supreme Court Decides the Equitable Defense of Laches is No Longer Valid in Patent Cases

Spilman Thomas & Battle, PLLC on

The Supreme Court’s recent ruling in SCA Hygiene v. First Quality, has eliminated the long-standing principle of laches in patent cases. On March 21, 2017, in an opinion written by Justice Alito, the Court held that laches...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

Skadden, Arps, Slate, Meagher & Flom LLP

"In SCA Hygiene, Supreme Court Rules Laches Not a Defense to Damages Within Statutory Period in Patent Cases"

Skadden, Arps, Slate, Meagher & Flom LLP on

In a 7-1 decision issued on March 21, 2017, the U.S. Supreme Court held in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC that laches cannot be invoked as a defense against a claim for damages in a patent...more

Foley & Lardner LLP

En Banc Federal Circuit Preserves The Patent Laches Defense Over Dissent

Foley & Lardner LLP on

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

Haight Brown & Bonesteel LLP

School District Advisory: The Pure and Simple Truth - The Truth is Rarely Plain and Never Simple

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In the recent case of J.P. v. Carlsbad Unified School District, the California Court of Appeal barred a public entity from enforcing the six-month government tort claim requirement when it prevents the claimant from filing a...more

Cranfill Sumner LLP

Statute of Limitations – Great Shield, Lousy Sword

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One of the strongest legal defenses is the generally unyielding statute of limitations. If it runs then a lawsuit is time barred. But when that powerful shield is used as a sword then you run the risk of giving a plaintiff...more

Maynard Nexsen

Misrepresentation Law and Insurance Coverage In South Carolina

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1. The Claim - An insurer may use the alleged misrepresentations and/or omissions of an insured in the life, health and disability insurance application process in two ways: (i) affirmatively, by seeking rescission of...more

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