affirmative defense
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AFFIRMATIVE DEFENSE
SCA Hygiene Products v. First Quality Baby Products
Issues
Can an accused patent infringer stop a patent-holder from bringing a claim if the patent-holder waits too long to file the suit for patent infringement, even if the claim is brought within the statutory-provided six-year limitations period?
This case presents the Supreme Court with the opportunity to review whether the defense of laches will remain available to bar a patent infringement claim within the statutory limitations period of six years. The 1952 Patent Act allowed laches as a defense for patents and was later re-codified by Congress. The United States Court of Appeals for the Federal Circuit reaffirmed this defense in A.C. Auckerman Co. v. R. L. Chaides Construction Co. in 1992. The Copyright Act did not codify a laches defense, however, and in 2014, the Supreme Court ruled against the use of laches in Petrella v. Metro-Goldwyn-Mayer, Inc. SCA Hygiene Products Aktiebolag and SCA Personal Care, Inc. argue that the Petrella decision is applicable to a patent infringement case and that laches should not be used to bar a patent-holder from enforcing its property rights through a legal damage claim. First Quality Baby Products, LLC et al. seeks to distinguish the text, history, and purpose of the Patent Act from the Copyright Act, and argues that laches should remain a viable defense. The Supreme Court’s holding may alter the relationship between patent and copyright law and change the pleading styles in a patent infringement case.
Questions as Framed for the Court by the Parties
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 doctrine of laches is an affirmative defense that bars claims by those who unreasonably delay bringing a claim to court, because allowing the claim would unjustly harm the defendant. The Patent Act sets a six-year time limit for the recovery of damages following infringement. See SCA Hygiene Prods.
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Additional Resources
- Audrey Ogurchak, A Brief History of Laches in Patent Law, IP Watchdog (June 7, 2016)
- Ryan Davis, ‘Raging Bull’ Kills Patent Laches Defense, Justices Told, Law360 (January 26, 2016)
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