The equitable defense of laches has long been recognized as an available and effective method for precluding recovery of legal damages, and it can provide a lifeline to defendants who otherwise lack strong noninfringement or invalidity arguments. However, the availability of this defense is now in question. This November, the Supreme Court will hear arguments in SCA Hygiene Prods. Aktiebolag v. First Quality Baby Prods., LLC, No. 15-927 (S. Ct.), a case that will determine the fate of the laches defense in patent litigation.
October 26, 2016 | IPWatchdog
The Uncertain Future of Laches in Patent Litigation
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