Posts Tagged: laches doctrine


Equitable Estoppel Requires Claim Scope Sufficiently Similar to Earlier Claims

Equitable estoppel does not bar assertion of patent claims later amended by reexamination when those new claims differ in scope from earlier claims in the patent that …

The Year in Patents: The Top 10 Patent Stories from 2017

It is that time once again when we look back on the previous year in preparation to close the final chapter of 2017 in order move fresh into …
By Gene Quinn
10 months ago 14

Equitable Estoppel After the Loss of Laches from SCA v. First Quality

Equitable estoppel may be appropriate for the defendant in SCA v. First Quality since the plaintiff was silent for years after the defendant asserted invalidity (possibly fulfilling …
By Ryan Kenny
1 year ago 3

End of Laches Might Increase Declaratory Judgment Actions

Without laches, accused infringers might more frequently invoke declaratory judgment to clear their products and services upfront rather than tolerate a looming threat of suit for years.... …
By Ryan Cook & Seth Heller
1 year ago 1

Estoppel: The Equitable Defense Remaining After SCA Hygiene Products?*

The remaining vitality of estoppel as a defense against patent infringement after SCA Hygiene Products is also not a hypothetical question. Indeed, the issue of estoppel remains …
By Eric Guttag
2 years ago 2

Supreme Court Eliminates Key Defense in Many Patent Infringement Suits

In a strong reversal of the Federal Circuit, the US Supreme Court held in SCA Hygiene Products Aktiebolag v First Quality Baby Products, LLC, No. 15-927 (March 21, 2017), …
By Rob Kramer & Joel Bock
2 years ago 0

Supreme Court says laches is no defense to patent infringement

The fact that laches cannot be used as a defense to a patent infringement action brought during the statute of limitations is most definitely a pro-patent decision. …
By Gene Quinn
2 years ago 47

Supreme Court Decides SCA Hygiene Products v. First Quality Baby Products

On Tuesday, March 21st, the U.S. Supreme Court issued a decision in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, a case which looked …

The Equitable Defense of Laches: SCA Hygiene Products v. First Quality Baby Products

The equitable defense of laches has been a useful tool for defendants in intellectual property litigation for over a hundred years, but a recent case in the …
By Tamany Bentz & Taylor Sachs
2 years ago 0

The Uncertain Future of Laches in Patent Litigation

The stage is now set for the Supreme Court to weigh in on the future of laches in patent litigation. If the Court closely follows its analysis …

Supreme Court to Weigh In on Extraterritorial Scope of Patent Law and Laches

On the heels of a busy term last year, the stage is set for the Supreme Court to review two more important issues regarding utility patents during …

Will Supreme Court grant cert in Medinol v. Cordis on the question of laches in patent litigation?

As the Supreme Court prepares to hear arguments for SCA Hygiene Products v. First Quality during the October 2016 term, another laches case, Medinol Ltd. v. Cordis Corp., …
By Audrey Ogurchak
2 years ago 0

A Brief History of Laches in Patent Law

The equitable doctrine of laches has existed in the United States court system since the founding of this country, originating from the English Courts of Equity. Laches …
By Audrey Ogurchak
2 years ago 3

CAFC: Defendant had no notice of intent to pursue patent rights in US after foreign proceedings

Each week, we succinctly summarize the preceding week of Federal Circuit precedential patent opinions. We provide the pertinent facts, issues, and holdings. Our Review allows you to …

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