SCA Hygiene Products v. First Quality Baby Products: Federal Circuit ruled laches can still be used to bar legal remedies even after the U.S. Supreme Court’s Raging Bull decision

Fitzpatrick Case Update
September 18, 2015

On September 18, 2015, a sharply divided en banc Federal Circuit issued a decision (6-5) holding that laches still can bar pre-suit damages for patent infringement, notwithstanding the Supreme Court’s Petrella decision that laches cannot bar pre-suit damages for copyright infringement. The Federal Circuit did not read Petrella to require overruling prior Federal Circuit precedent recognizing laches as a basis to bar pre-suit patent damages, but did, however, modify its bright line rule that laches could not bar prospective relief.

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