SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC
- Case Date: 9/19/2016
- Project Name: Civil Justice Reform
On September 19, 2016, WLF filed a brief in the U.S. Supreme Court, urging it to resist calls to overturn the unanimous view of the federal appeals courts that patent-infringement defendants may assert “laches” as a defense to unreasonably delayed infringement suits. Federal patent law explicitly bars a patent holder from recovering damages for patent infringement that occurred more than six years before the date on which suit was filed. This case asks whether alleged infringers may also seek to bar damages for infringement that occurred within the six-year window, by invoking a defense known as laches. That defense limits the award of damages based on a plaintiff’s unreasonable delay in filing suit that has unfairly prejudiced the defendant. WLF’s brief argues that a decision overturning the lower courts’ decades-long interpretation of the Patent Act of 1952 would unnecessarily upset reasonable expectations of those who have come to rely on the current consensus.
|Awaiting oral argument on November 1, 2016.|
More Information and Downloads:
|9/19/2016: Download the Brief|
|Press Release: WLF Urges High Court Not to Overturn Decades-Old Precedents Governing Patent-Infringement Defenses|