In an en banc decision for SCA Hygiene Products v. First Quality Baby Products, the Federal Circuit affirmed that laches can still bar pre-suit damages for patent infringement, but reevaluated the effect of laches on equitable principles such as injunctive relief and ongoing royalties. Today, the Supreme Court reversed the first portion of that decision – holding that damages up to six years prior to suit being brought could be sought by a patentee without a defense of laches. IP partners at Baker Botts are available to respond to the Court’s ruling of the case to discuss the significant impact today’s ruling has on patent litigation and assertions of infringement by patentee’s before they bring suit.
With over 180 IP lawyers and patent professionals, holding over 200 technical degrees, Baker Botts has an incredibly deep bench of practitioners with a wealth of experience in patent litigation, patent prosecution and post-grant proceedings. Learn more about Baker Botts’ IP practice.
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Baker Botts is an international law firm of approximately 725 lawyers practicing throughout a network of 14 offices around the globe. Based on our experience and knowledge of our clients' industries, we are recognized as a leading firm in the energy and technology sectors. Since 1840, we have provided creative and effective legal solutions for our clients while demonstrating an unrelenting commitment to excellence. For more information, please visit bakerbotts.com.