By Will Gibbons
Could a case on the boxing classic Raging Bull lead to a patent litigation prizefight of sorts? In an en banc hearing ordered on December 30, 2014, the Federal Circuit Court of Appeals, a federal appellate court with special jurisdiction over patents and trademarks, will decide whether the Supreme Court’s essential elimination of a litigation defense involving copyright cases should also apply in patent cases.
The defense in question is the doctrine of laches. Laches is an equitable defense that bars recovery when a party claims it has been legally injured, but unreasonably delays pursuing any legal action in a way that prejudices the opposing party. The defense has been asserted in many kinds of cases, including contract, tort, copyright, and patent cases.
A Supreme Court case involving a copyright and the laches defense, Petrella v. Metro-Goldwyn-Mayer, Inc., 134 S. Ct. 1962 (2014), has triggered a ripple effect that may reach into patent law. In that case, Paula Petrella, daughter of the co-author of the screenplay that evolved into Raging Bull, alleged copyright infringement against MGM. MGM countered that Petrella delayed too long in bringing the action, as she had renewed the copyright in 1991 and first threatened suit in 1998. However, the Supreme Court rejected MGM’s position and held that Continue reading