Federal Circuit Says Laches Defense Still Applicable To Patent Cases

On Friday, a fractured Federal Circuit issued its decision in SCA Hygiene v. First Quality Baby Products (available here). The Federal Circuit sat en banc and held that, notwithstanding the Supreme Court’s Petrella decision (which I discussed here), laches is still an available defense in patent infringement cases because, unlike in the Copyright Act, “Congress codified a laches defense in 35 U.S.C. § 282(b)(1) that may bar legal remedies.” Additionally, the Federal Circuit held that laches may also bar prospective relief (i.e., injunctive relief and ongoing royalties). A laches defense may affect ongoing royalties, but only “in extraordinary circumstances.”