Laches and Patent Law: SCA Hygiene v First Quality Baby Products SCOTUS arguments - McDermott Will & Emery

Laches and Patent Law: SCA Hygiene v First Quality Baby Products SCOTUS arguments

Overview


Margaret (Peg) Duncan assessed Supreme Court oral arguments in SCA Hygiene v First Quality Baby Products, on whether laches should apply in patent law. Regarding Sections 282 and 286 of the Patent Act, Ms. Duncan said, “What was missing from the arguments was why these two sections of the statute would somehow support eliminating a defense in patent cases … It didn’t seem to come out in the oral arguments and it didn’t seem to come out in the questions from the Justices.”