Intellectual Property Report: May 2017

Firm Thought Leadership
Laches No Longer a Defense in Patent Law
Brandon Chen
In SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, 580 U.S. ___ (2017), the Supreme Court decided to remove laches, the equitable doctrine that can limit the recovery of damages after an unreasonable delay, from patent law. The Supreme Court’s decision to eliminate the equitable defense of laches is viewed as pro-patent holder and may have several ramifications for defendants in patent cases.

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Transfers of FRAND-Encumbered Patents
Morgan Grissum
Standard setting organizations (“SSOs”)1 attempt to foster innovation and enable interoperability through the development of industry standards. To establish those standards, an SSO generally relies on the innovations and contributions of its members. In exchange, its members’ technology may be incorporated into the standards. SSO members that participate in the standard-setting process thus often seek to have their patented technology included in the standards.

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