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

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 Patent Act. The Court’s decision in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC reversed the Federal Circuit’s 2015 en banc decision, which held that laches may limit patent infringement damages even during the six-year limitations period. Reversing the Federal Circuit, the Court held that § 286 establishes a statute of limitations for patent infringement claims such that “a patentee may recover damages   Read More »

Posted in Patent Litigation | Tagged , ,

Share this Article:

Cheerleaders and Laches

Monday the U.S. Supreme Court agreed to hear cases on patent laches, SCA Hygiene Products Aktiebolag et al. v. First Quality Baby Products, LLC et al., and copyright protection for clothing, Star Athletica, LLC v. Varsity Brands, Inc. In SCA Hygiene, the Supreme Court will review the Federal Circuit’s decision that laches remains a viable defense in patent cases, despite the Supreme Court’s 2014 ruling in Petrella v. Metro-Goldwyn-Mayer, Inc. In Petrella, the Supreme Court held that laches cannot bar copyright claims that accrued within the three years from commencement of suit, except in extraordinary cases for equitable relief.  In   Read More »

Posted in Copyright Litigation, IP and Technology Litigation, Patent Litigation | Tagged , , ,

Share this Article:

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 , , ,

Share this Article: