U.S. Supreme Court,
Intellectual Property
Mar. 28, 2017
Decision will hurt patent defendants
Last week, the U.S. Supreme Court held that the equitable defense of laches is not available as a defense to a damage claim in patent infringement cases.
Ben M. Davidson
Founder
Davidson Law Group ALC
Intellectual Property
Phone: (310) 473-2300
Email: Ben@dlgla.com
George Washington Univ Law School
Ben is a former patent examiner and represents corporations in intellectual property litigation and proceedings before the U. S. Patent & Trademark Office.
Last week, in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, 2017 DJDAR 2683 (March 21, 2017), the U.S. Supreme Court held that the equitable defense of laches is not available as a defense to a damage claim in patent infringement cases. The ruling eliminates a powerful defense that has been available in patent cases for more than a century. Laches was developed by courts of equity to protect defendants against unreasonable, prejudicial delays in commencing s...
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