Supreme Court Curbs Laches As A Defense In Patent Cases

In SCA Hygiene Products v. First Quality Baby Products, decided on March 21, 2017, the U.S. Supreme Court significantly reduced the role of the laches defense in patent actions: "Laches cannot be interposed as a defense against damages where the infringement occurred within the period prescribed by § 286" of the Patent Act, which bars recovery for infringement occurring more than six years prior to the filing of suit.

The Supreme Court, by a 7-1 margin, held that the equitable doctrine of laches cannot override Congress's six-year lookback period. Justice Alito, writing for the Court, relied heavily on principles set forth by the Court in Petrella v. Metro-Goldwyn-Mayer, Inc. (2014), which held that laches cannot preclude damages for infringement claims brought within the Copyright Act's three-year statute of limitations. The Court's opinion was anchored on dual considerations of separation of powers and the "traditional role of laches in equity." Observing that "[l]aches provides a shield against untimely claims, and statutes of limitations serve a similar function," the Court stressed that "[w]hen Congress enacts a statute of limitations, it speaks directly to the issue of...

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