October 26, 2016
The equitable defense of laches has long been recognized as an available and effective method for precluding recovery of legal damages, and it can provide a lifeline to defendants who otherwise lack strong noninfringement or invalidity arguments. However, the availability of this defense is now in question. This November, the Supreme Court will hear arguments in SCA Hygiene Prods. Aktiebolag v. First Quality Baby Prods., LLC, No. 15-927 (S. Ct.), a case that will determine the fate of the laches
defense in patent litigation.