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Expert Analysis

Issues High Court Will Address In Patent Laches Case

Law360, New York ( May 23, 2016, 11:41 AM EDT) -- On May 2, 2016, the U. S. Supreme Court granted certiorari in SCA Hygiene Products v. First Quality Baby Products to address "whether and to what extent the defense of laches may bar a claim for patent infringement brought within the Patent Act's six-year statutory limitations period, 35 U. S. C. § 286. " This issue is important. Laches (unreasonable, prejudicial delay in commencing suit) has been the law in patent cases for many years, barring a patentee from sitting silently on its rights while an innocent and unknowing infringer invests resources to bring a product to market. Without laches, an infringer may be caught by surprise years after its initial decision to commercialize its product. . . .

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