The fate of patent laches – a remedy for prejudice caused by undue delay – was hotly debated at the US Court of Appeals for the Federal Circuit (CAFC) in SCA Hygiene Products Aktiebolag v First Quality Baby Products, LLC, in light of the Supreme Court of the US’ (SCOTUS) 2014 Petrella v Metro-Goldwyn-Mayer decision curtailing copyright laches. On November 1, 2016, SCOTUS heard oral argument on that issue in SCA, which has significant potential to impact industry.
SCA Hygiene Products v. First Quality Baby Products: Supreme Court holds that laches cannot preclude a claim for damages incurred within the Patent Act’s six-year limitations period