By Will Gibbons
Defense attorneys often rely on the legal defense of laches when faced with a claim of patent infringement. This defense bars recovery when a party claims legal injury but unreasonably delays in pursuing the claim in a way that prejudices the opposing party. The laches defense has come under close examination in the SCA Hygiene Products v. First Quality Baby Products, Inc. case. 1
The facts giving rise to the case began when SCA, the patent holder, suggested in a 2003 letter to First Quality, its competitor in the adult incontinence market, that First Quality products were infringing on one of SCA’s patents. After exchanging letters for several years, SCA filed suit in 2010, alleging patent infringement. The District Court granted the defendant’s motion for summary judgment primarily under laches grounds.
Then, in a ruling previously discussed on this blog, a three-judge panel of the Federal Circuit affirmed the grant of laches as a defense to patent infringement. This came despite the Supreme Court’s 2014 holding in Patrella v. Metro-Goldwyn-Mayer, Inc. 2 that laches cannot be invoked to bar a claim for copyright infringement. In light of the Patrella ruling, the Federal Circuit vacated its SCA Hygiene Products ruling on December 30, 2014, ordering an en banc hearing of the court, meaning Continue reading