fromIPWatchdog.com | Patents & Intellectual Property Law
6 days agoWhy Petrella and SCA Hygiene Protect Against Equitable Defenses of Prosecution Laches
Under the principles in SCA Hygiene, Petrella, and Brockamp, there is no room for the courts to displace Congress' specific policy choice on timeliness, even when 'the lack of a laches defense could produce policy outcomes judges deem undesirable.' The Supreme Court rejected equitable defenses of laches in infringement suits, reasoning that by enacting a statute of limitation, Congress left no statutory "gap" for equitable judgments on timeliness. See Petrella v. Metro-Goldwyn-Mayer (2014), and SCA Hygiene Prods. v. First Quality Baby Prods (2017).
Intellectual property law


