High Court Laches Ruling May Be Much Ado About Nothing

Law360, New York (March 16, 2017, 12:19 PM EDT) -- Later this year, the U.S. Supreme Court is expected to issue its decision in SCA Hygiene Products Aktiebolag v. First Quality Baby Products LLC.[1] The question in SCA Hygiene is whether laches is available as an equitable bar to presuit damages in patent infringement cases. Although there is a long history of defendants asserting laches in response to infringement allegations, the viability of this defense has been in doubt since the Supreme Court's decision in Petrella v. Metro-Goldwyn-Mayer Inc.[2] Many have expressed concern that, if the Supreme Court does extend the Petrella holding to patent infringement cases, this will destroy a critical...

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