SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, U.S., No. 15-927, amicus brief filed 7/22/2016 July 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.