3 Possibilities For High Court In Patent Laches Case

Law360, New York ( November 3, 2016, 11:43 AM EDT) -- In SCA Hygiene Products v. First Quality Baby Products, No. 15-927, the U.S. Supreme Court recently heard arguments on the question whether and to what extent the equitable doctrine of laches should apply to bar or limit the purely legal remedy of damages. If this question sounds familiar to the reader, it is because the court just recently decided the same question in the copyright context in Petrella v. Metro-Goldwyn-Mayer, 134 S. Ct. 1962 (2014), holding that laches was not available to limit damages in light of Congress' clear statutory mandate. The current question before the court is whether the facts or patent statutory scheme in SCA is sufficiently distinct from the copyright scheme in Petrella as to yield a different result....

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