• Equitable Estoppel May Be the New Laches Defense
  • April 11, 2017 | Authors: Ann G. Fort; Robert R.L. Kohse
  • Law Firm: Eversheds Sutherland (US) LLP - Atlanta Office
  • Law360

    Full article

    In the recent U.S. Supreme Court decision in SCA Hygiene Products Aktiebolag v. First Quality Baby Products LLC, the court rejected the equitable defense of laches in some patent cases. The court noted that equitable estoppel can protect against “unscrupulous patentees inducing potential targets of infringement suits to invest in the production of arguably infringing products.”

    In their article for Law360, Eversheds Sutherland (US)’s Ann Fort, Robert Kohse and Steffan Finnegan explore:
    • What specific facts support an equitable estoppel defense?
    • Will equitable estoppel take the place of laches as a defense in patent infringement cases?