The Supreme Court, granting cert. for its 2016 term, is taking up the question from SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC of whether laches is available as a defense to patent infringement. The IPWatchdog blog provides a brief primer on laches, as relevant to patent law.
This case arose from an appeal of the en banc decision of the federal court in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, No. 13-1564 (Fed. Cir. Sept. 18, 2015). In that opinion, a divided court held 6 to 5 that laches remains a potential defense in a patent suit to legal remedy, notwithstanding the recent supreme court decision of Petrella v. Metro-Goldwyn-Mayer, Inc., 134 S. C. 1962 (2014), which held that laches is not a defense to legal remedy under the Copyright Act. (more…)