Publications

Supreme Court Bars Laches Defense in Patent Infringement Cases in SCA Hygiene Products v. First Quality Baby

March 23, 2017

In a 7-1 decision released on Tuesday, the Supreme Court has barred the use of the laches defense in patent infringement cases for claims arising during the limitations period set by Congress. SCA Hygiene Products AB et al. v. First Quality Baby Products LLC et al., 580 U.S. ___ (2017). Laches is an equitable defense […]

Erynn Embree

Standing is Required to Appeal PTAB Decisions

January 13, 2017

The Federal Circuit recently ruled in Phigenix Inc. v. ImmunoGen Inc. that a party involved in an Inter Partes Review (IPR) does not have standing to appeal the decision of the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office to federal courts unless the party can show an injury […]

Kristian Blomquist

Supreme Court to Address Patent Venue in TC Heartland v. Kraft Foods

December 20, 2016

On December 14, the Supreme Court granted Certiorari in TC Heartland LLC v. Kraft Foods Group Brands LLC. 821 F.3d 1338 (Fed. Cir. 2016), cert. granted, 2016 WL 4944616 (U.S. December 14, 2016) (No. 16-341). This grant indicates that the Supreme Court may soon interpret the scope of the statute governing venue for patent infringement […]

Danny R. Barber