Should the US Supreme Court retain patent laches?

Intellectual Property Magazine
November 2, 2016

The fate of patent laches – a remedy for prejudice caused by undue delay – was hotly debated at the US Court of Appeals for the Federal Circuit (CAFC) in SCA Hygiene Products Aktiebolag v First Quality Baby Products, LLC, in light of the Supreme Court of the US’ (SCOTUS) 2014 Petrella v Metro-Goldwyn-Mayer decision curtailing copyright laches. On November 1, 2016, SCOTUS heard oral argument on that issue in SCA, which has significant potential to impact industry.

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