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Welcome to the Snell & Wilmer intellectual property and technology litigation blog! Check here for useful news and information about patent, trademark, copyright, trade secret, and other IP and technology litigation developments.
Our IP & Technology Litigation Attorneys:
Laches Remains a Defense to Legal Relief in Patent Infringement Cases After Petrella
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” decision (Petrella v. Metro-Goldwyn-Mayer), the Supreme Court held that laches could not bar copyright infringement damages within the three year statute of limitations period, because Congress had expressly legislated on the timeliness of copyright claims when it created a statute of limitations. Under Federal Circuit precedent in A.C. Aukerman v. R.L. Chaides Construction, laches bars pre-suit damages in a patent case where there Read More »
Posted in IP and Technology Litigation, Patent Litigation
| Tagged Defenses, Federal Circuit, Laches, Patent Litigation
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