SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC

 
APPEAL NO.
13-1564
OP. BELOW
DCT
SUBJECT
Patent
AUTHOR
Prost

Question(s) Presented

“We convene en banc to resolve whether, in light of the Supreme Court’s recent decision in Petrella v. Metro-Goldwyn-Mayer, Inc., 134 S. Ct. 1962 (2014), laches remains a defense to legal relief in a patent infringement suit.”

Holding

“We conclude that Congress codified a laches defense in 35 U.S.C. § 282(b)(1) that may bar legal remedies. Accordingly, we have no judicial authority to question the law’s propriety.”

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