News & Analysis as of

Statute of Limitations › Laches

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 -
Kaufman & Canoles

Recent Virginia Court of Appeals Opinion Holds Statutes of Limitations Do Not Apply Where Only Equitable Relief is Sought

Kaufman & Canoles on

Last week, the Court of Appeals of Virginia issued an important opinion involving trespass and statutes of limitations. In Willems v. Batcheller, Record No. 0754-22-4, 2023 Va. App. LEXIS 524 (Ct. App. Va. Aug. 8, 2023), the...more

Irwin IP LLP

Infringers Beware: Copyright Damages Not Limited to Three Years - Nealy v. Warner Chappell Music, Inc., No. 21-13232 (11th Cir....

Irwin IP LLP on

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

Goodell, DeVries, Leech & Dann, LLP

Do Analogous State Statute of Limitations Apply When the Lanham Act Provides None, Or Do Equitable Considerations, Such as Laches?...

Goodell, DeVries, Leech & Dann, LLP on

The federal Lanham Act goes beyond trademark protection and establishes causes of action, as well, for unfair competition, false advertising, and false association. Section 43(a), however, does not contain a statute of...more

Fox Rothschild LLP

Judge Stark Grants Plaintiff’s Motion for Partial Summary Judgment as to Defendants’ Affirmative Defenses of Laches, Acquiescence...

Fox Rothschild LLP on

By Memorandum Order entered by the Honorable Leonard P. Stark in Emerson Radio Corp. v. Emerson Quiet Kool Co. Ltd., Civil Action No. 20-1652-LPS (D.Del. November 5, 2021), the Court granted the motion for partial summary...more

Morris James LLP

Chancery Denies Motion to Dismiss, Awaits Development of Factual Record to Rule on Laches Defense

Morris James LLP on

Kim v. Coupang, LLC, C.A. No. 2020-0772-JRS (Del. Ch. Aug. 19, 2021) - If a court can rule on the affirmative defense of laches on the face of a complaint, it may grant a motion to dismiss. As this case illustrates,...more

Robinson+Cole ERISA Claim Defense Blog

Second Circuit Addresses Limitations Periods Governing Fraudulent Billing Claims Against Non-Participating Labs

Robinson+Cole ERISA Claim Defense Blog on

In Connecticut General Life Ins. Co. v. BioHealth Labs., Inc., No. 20-2312-CV, — F.3d –, 2021 WL 476111 (2d Cir. Feb. 10, 2021), Cigna, as administrator of employee health plans, sued six out-of-network lab companies for...more

Locke Lord LLP

The Interplay between the HEAR Act’s Statute of Limitations and the Equitable Defense of Laches: A Just and Fair Solution

Locke Lord LLP on

On March 2, 2020, the Supreme Court denied the petition for writ of certiorari filed in Laurel Zuckerman, as Ancillary Adminstratrix of the Estate of Alice Leffmann v. The Metropolitan Museum of Art. At issue was whether the...more

Carlton Fields

New York Court Compels Arbitration of Commercial Marijuana Dispute

Carlton Fields on

The defendants moved to compel arbitration of a complex dispute concerning the parties’ investment in medical marijuana companies. The plaintiff claimed that the defendants breached a non-compete agreement and fiduciary...more

Knobbe Martens

Ninth Circuit Reaffirms Laches as an Equitable Defense in Trademark Cancellation Actions

Knobbe Martens on

In Cosmetic Warriors v. Pinkette Clothing, the Ninth Circuit addressed the availability of laches in trademark infringement and cancellation actions under the Lanham Act. ...more

Winstead PC

Court Holds That Laches Did Not Bar A Will Contest

Winstead PC on

In In re Estate of Perez-Muzza, two days before the statute of limitations period ended, a contestant filed a will contest seeking to have a court set aside an order admitting a will to probate. No. 04-16-00755-CV, 2018 Tex....more

McDonnell Boehnen Hulbert & Berghoff LLP

Top Four Stories of 2017

McDonnell Boehnen Hulbert & Berghoff LLP on

After reflecting upon the events of the past twelve months, Patent Docs presents its 11th annual list of top patent stories. For 2017, we identified nineteen stories that were covered on Patent Docs last year that we believe...more

Morris James LLP

Court Of Chancery Explains Limitations Period In Equity

Morris James LLP on

Bioveris Corporation v. Meso Scale Diagnostics, C.A. No. 8692-VCMR (Nov. 2, 2017) - Some assume that a statute of limitations will not apply in the Court of Chancery. But as this decision illustrates, that is an...more

Shook, Hardy & Bacon L.L.P.

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

Shook, Hardy & Bacon L.L.P. on

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

Knobbe Martens

Federal Circuit Review | April 2017

Knobbe Martens on

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

Blake, Cassels & Graydon LLP

Alberta Court of Appeal Expands Availability of Equitable Limitations Defence

Blake, Cassels & Graydon LLP on

In a recent decision, Weatherford Canada Partnership v. Artemis Kautschuk und Kunstoff-Technik GmbH (Weatherford), the Alberta Court of Appeal (Court) upheld the dismissal of the plaintiff’s claim against two defendants on...more

Knobbe Martens

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

Knobbe Martens on

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

Downey Brand LLP

Standing Up to Your Siblings: Who Can Bring a Financial Elder Abuse Claim?

Downey Brand LLP on

While financial elder abuse is a serious problem in California, not just anyone can sue to protect an abused elder. This is especially true if the elder does not want to bring suit in the first place. On April 19, 2017, the...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

Schwabe, Williamson & Wyatt PC

Supreme Court and Precedential Federal Circuit Patent Cases

Schwabe, Williamson & Wyatt PC on

In SCA v. First Quality Baby Products, the Supreme Court holds that laches should not be available as a defense in patent cases, refusing to concur with the Circuit’s en banc holding that the Patent Act’s 6-year limitation on...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

McNees Wallace & Nurick LLC

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

McNees Wallace & Nurick LLC on

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

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

Akerman LLP - Marks, Works & Secrets

Laches Limited To Being An Equitable Defense In Patent Cases

Akerman LLP - Marks, Works & Secrets on

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

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

81 Results
 / 
View per page
Page: of 4
Next »

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide