Law360, New York ( March 23, 2017, 2:52 PM EDT) -- Sitting en banc in 1992, the Federal Circuit confirmed laches (unreasonable, prejudicial delay in commencing suit) as a defense to prefiling damages in patent litigation, notwithstanding the six-year damages window of 35 U.S.C. § 286. A.C. Aukerman Company v. R.L. Chaides Construction Company, 960 F.2d 1020 (Fed. Cir. 1992)(analyzing laches and equitable estoppel). In 2014, the U.S. Supreme Court held laches could not bar a claim for damages brought within the three years statute of limitations provided by the Copyright Act in 17 U.S.C. § 504. Petrella v. Metro-Goldwyn-Mayer Inc., 572 U.S. __, 134 S.Ct. 1962 (2014)(6-3). The following year, the Federal Circuit again sat en banc to reconsider Aukerman in light of Petrella. By a 6-5 vote, the en banc court reaffirmed Aukerman's holding that laches can be asserted to defeat a claim for damages incurred within the six-year period set out in the Patent Act. SCA Hygiene Products AB v. First Quality Baby Products LLC, 807 F.3d 1311 (Fed. Cir. 2015)(6-5)....