SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, U.S., No. 15-927, amicus brief filed 7/22/2016
A laches defense may not be raised against a claim for damages based on patent infringement occurring within the six-year limitations period of 35 U.S.C. 286, AIPLA argued to the Supreme Court in a July 22, 2016 amicus brief.
According to the brief, this rule should be applied to patent law for the same reasons it was applied to copyright law in Petrella v. Metro-Goldwyn Mayer, Inc., 134 S.Ct. 1962 (2014). As stated in Petrella, where Congress has enacted a specific limitations period in which a legal claim of damages may be asserted, the equitable defense of laches may not override such clear congressional intent. While a substantial delay that prejudices a defendant may warrant barring equitable relief, laches cannot bar all relief for infringing acts during the six-year limitations period.
According to the brief, this rule should be applied to patent law for the same reasons it was applied to copyright law in Petrella v. Metro-Goldwyn Mayer, Inc., 134 S.Ct. 1962 (2014). As stated in Petrella, where Congress has enacted a specific limitations period in which a legal claim of damages may be asserted, the equitable defense of laches may not override such clear congressional intent. While a substantial delay that prejudices a defendant may warrant barring equitable relief, laches cannot bar all relief for infringing acts during the six-year limitations period.
Upcoming Events
-
AIPLA 2026 Annual Meeting
October 29 to 31, 2026
-
2027 Global IP and Trade Summit
January 27 to 29, 2027
We’re excited to welcome you to the 2027 AIPLA Global IP and Trade Summit, where innovation, technology, and intellectual property come together to shape the future. We are ready for your ideas, energy, and passion for IP! -
2027 Spring Meeting - Denver, CO
May 6 to 8, 2027
We’re excited to welcome you to the 2027 AIPLA Spring Meeting, where innovation, technology, and intellectual property come together to shape the future. Denver is ready for your ideas, energy, and passion for IP! -
AIPLA 2027 Annual Meeting
October 28 to 30, 2027
Join us as we bring IP professionals together to learn and connect. More information coming soon! The 2027 Annual meeting will take place at the Westin Washington, DC, Downtown. Leadership Meetings on Wednesday, October 27. Programming scheduled October 28 - 30. -
2028 Spring Meeting - St. Louis, MO
May 17 to 19, 2028
We’re excited to welcome you to the 2028 AIPLA Spring Meeting, where innovation, technology, and intellectual property come together to shape the future. St. Louis is ready for your ideas, energy, and passion for IP!