SCA Hygiene v. First Quality Baby Products
This patent case raised the question of whether the defense of laches is available in patent litigation. Laches is a legal doctrine that says rightsholders can't sit on their rights. It protects defendants who are prejudiced by long delay (for example, by investing heavily in a product while the patent owner waits in secret to sue). EFF filed amicus briefs in both the Federal Circuit and the Supreme Court arguing that the laches defense should be retained. Ultimately, the Supreme Court disagreed, ruling that patent owners may lie in wait before suing.
Updates
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In a ruling today that will cheer up patent trolls, the Supreme Court said patent owners can lie in wait for years before suing. This will allow trolls to sit around while others independently develop and build technology. The troll can then jump out from under the bridge and...
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Today, the Court of Appeals for the Federal Circuit issued its opinion in SCA Hygiene v. First Quality Baby Products, a case about adult diapers that had the potential to harm myriad small business owners and innovators.
At issue in the case was the legal doctrine of “laches.”...
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Suppose you get sued by a patent troll. You then learn that the troll has been sitting on its patent for years without giving you any warning. If you’d known about the risk, you might have been able to design your product differently to avoid infringement. Even worse, when you...
