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Federal Circuit rules laches a viable defence in patent cases

Peter Leung, Washington DC

Citing concerns about 'stale' patents, the Federal Circuit has ruled, en banc, that laches is a statutory defence in the Patent Act and may be a defence to both legal and equitable remedies

The ruling issued today in SCA Hygiene Products v First Quality Baby Products sits in the shadow of the Supreme Court's ruling last year in Petrella v MGM, which held that laches cannot be invoked in a copyright claim since...

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