In its SCA Hygiene decision last week the Supreme Court eliminated the defense of laches in patent infringement suits, just as it did in the copyright context in Petrella v. Metro-Goldwyn-Mayer.
With laches no longer serving as a potential bar to damages, patent owners now can use delay as a tactical tool – maximizing their damages claim by waiting for potential defendants to develop and expand the market for products that will be the target of suit. In our alert memo, we summarize the Court’s decision, its practical implications, and ways defendants may seek to limit damages in the absence of a laches defense.