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Baker Botts Comments on Supreme Court Ruling in SCA Hygiene v. First Quality Baby Products LLC

Media Alert
WASHINGTON, D.C., March 21, 2017 – Baker Botts’ Intellectual Property (IP) lawyers are tracking significant patent cases underway at the U.S. Supreme Court. Today, March 21, 2017, the Supreme Court decided SCA Hygiene v. First Quality Baby Products LLC, a case reversing the Federal Circuit’s previous rulings on the availability of laches to bar pre-suit damages in patent cases. 

In an en banc decision for SCA Hygiene Products v. First Quality Baby Products, the Federal Circuit affirmed that laches can still bar pre-suit damages for patent infringement, but reevaluated the effect of laches on equitable principles such as injunctive relief and ongoing royalties. Today, the Supreme Court reversed the first portion of that decision – holding that damages up to six years prior to suit being brought could be sought by a patentee without a defense of laches. IP partners at Baker Botts are available to respond to the Court’s ruling of the case to discuss the significant impact today’s ruling has on patent litigation and assertions of infringement by patentee’s before they bring suit. 

With over 180 IP lawyers and patent professionals, holding over 200 technical degrees, Baker Botts has an incredibly deep bench of practitioners with a wealth of experience in patent litigation, patent prosecution and post-grant proceedings. Learn more about Baker Botts’ IP practice

Baker Botts is an international law firm whose lawyers practice throughout a network of offices around the globe. Based on our experience and knowledge of our clients' industries, we are recognized as a leading firm in the energy, technology and life sciences sectors. Since 1840, we have provided creative and effective legal solutions for our clients while demonstrating an unrelenting commitment to excellence. For more information, please visit