U.S. Supreme Court,
Intellectual Property
Sep. 26, 2015
Laches live on in patent context despite high court ruling
Whereas Congress eliminated laches as a defense in copyright cases by enacting a three-year period, it codified laches as a defense in patent cases when it enacted the 1952 Patent Act.
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.
On Sept. 18, in SCA Hygiene Products Aktiebolag SCA Personal Care Inc. v. First Quality Baby Products LLC, the U. S. Court of Appeals for the Federal Circuit issued an en banc decision, holding that the equitable defense of laches remains a permitted defense to a damage claim in patent infringement cases. That was a surprise to many court watchers because the U.S. Supreme Court held last year that laches is not a valid defense to a damage claim...
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