Laches Not a Defense in Patent Cases Within Six Years, U.S. Supreme Court Rules in SCA Hygiene v. Frst Quality Baby Products

In a bid to harmonize damages analyses in patent and copyright disputes, the U.S. Supreme Court decided today that latches (an equitable defense against unreasonably delayed claims) is not a defense if infringement occurred within 6 years of a suit, despite the patentee’s prior knowledge. The Court inferred Congressional intent in Section 286, which covers patent latches, as creating a “hard and fast rule.”