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Expert Analysis

High Court Laches Rulings Likely Won't Affect TM Cases

By Howard Hogan and Anthony Vita (May 22, 2017, 11:34 AM EDT) -- On March 21, 2017, the U.S. Supreme Court held in SCA Hygiene Products Aktiebolag v. First Quality Baby Products LLC that defendants accused of patent infringement may no longer invoke the equitable defense of laches to bar legal relief.[1] In support of its ruling, the court applied the same rationale underpinning its 2014 decision in Petrella v. Metro-Goldwyn-Mayer Inc., which largely invalidated the defense of laches in copyright infringement suits.[2] Both opinions turned on the fact that the Patent Act and Copyright Act contain express statutes of limitations — laws that create a time limit within which plaintiffs can sue for infringement....

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