Recognizing the importance of patents to the U.S. economy, and keen on keeping the U.S. Court of Appeals for the Federal Circuit in check, the U.S. Supreme Court has, just within the last two months, granted another two patent related petitions—one involving whether the laches defense applies to pre-filing damages claims in patent cases, and the other involving the damages calculation in design patent cases. These cases are discussed below.
‘SCA Hygiene’
In SCA Hygiene Products Aktiebolag v. First Quality Baby Products (No. 15-927), the Supreme Court will address the question of whether and to what extent the defense of laches may bar a claim for patent infringement brought within the Patent Act’s six-year statutory limitations period, 35 U.S.C. §286. The court granted certiorari on May 2, 2016. Briefing will take place over the summer, and arguments are not yet scheduled.
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