Supreme Court Eliminates Laches Defense in Patent Cases
The Supreme Court of the United States in SCA Hygiene Prods. Aktiebolag, et al. v. First Quality Baby Prods., LLC, et al. dated March 21, 2017, has held that the equitable defense of laches is no longer a valid defense to patent damages claims brought within the six-year damages limitation period of 35 U.S.C. § 286.
Section 286
“Except as otherwise provided bylaw, no recovery shall be had for any infringement committed more than six years prior to the filing of the complaint or counterclaim for infringement in the action.”
section 282(b)1
“The following shall be defenses in any action involving the validity or infringement of a patent and shall be pleaded:“(1) Noninfringement, absence of liability for infringement or unenforceability.
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