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.
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World IP Day 2025
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Join AIPLA and partner organizations on April 30 in Washington, DC, for a special three-hour program to celebrate World Intellectual Property Day 2025. This annual international event is an opportunity to learn about the role that intellectual property (IP) rights play in encouraging innovation and creativity. The theme of this year’s celebration is “IP and Music: Feel the Beat of IP.”