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Expert Analysis

No Laches, More Problems: SCA Hygiene's Impact On M&A

By Daniel Ilan and Shira Borzak, Cleary Gottlieb Steen & Hamilton LLP. (May 1, 2017, 11:33 AM EDT) -- In a recent decision, the U.S. Supreme Court eliminated laches as a defense in patent litigation; as a result, defendants are more vulnerable to unexpected claims of patent infringement.[1] Given this new layer of risk, it is even more important to conduct thorough and nuanced patent infringement diligence on a merger or acquisition target, and parties to M&A transactions should take this increased exposure to liability into account when negotiating the relevant representations and warranties and indemnities....

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