Federal Circuit Court of Appeals Invites Amici Curiae Participation

John C. Kruesi, Esq. In its order of December 30, 2014, granting a petition for rehearing en banc in the matter of SCA Hygiene Products v. First Quality Baby Products (case number 13-1564), the Federal Circuit Court of Appeals invited the views of amici curiae. Any amicus briefs may be filed without consent and leave of Court.

Per official order, the Court will hear the following issues:

a) In light of the Supreme Court’s decision in Petrella v. Metro-Goldwyn-Mayer, 134 S. Ct. 1962 (2014) (and considering any relevant differences between copyright and patent law), should this court’s en banc decision in A.C. Aukerman Co. v. R.L. Chaides Constr. Co., 960 F.2d 1020 (Fed. Cir. 1992), be overruled so that the defense of laches is not applicable to bar a claim for damages based on patent infringement occurring within the six-year damages limitations period established by 35 U.S.C. § 286?

(b) In light of the fact that there is no statute of limitations for claims of patent infringement and in view of Supreme Court precedent, should the defense of laches be available under some circumstances to bar an entire infringement suit for either damages or injunctive relief? See, e.g., Lane & Bodley Co. v. Locke, 150 U.S. 193 (1893).

The full Court's order is available here.

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Tagged: Appellate Practice, Appellate Procedure, United States Court of Appeals for the Federal Circuit, Litigation