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Supreme Court of the United States › Defense Strategies

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Fisher Phillips

SCOTUS Predictions: Ruling in Whistleblower Retaliation Case Will Impact Employers’ Defense Strategy

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Does a fired whistleblower need to show their employer acted with retaliatory intent to prove retaliation under the Sarbanes-Oxley Act (SOX)? The Supreme Court has been asked to review the standard of proof in such cases –...more

Hinshaw & Culbertson LLP

[Event] 27th Annual Labor & Employment Seminar - October 19th, Hoffman Estates, IL

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Hinshaw invites you to the 27th Annual Labor & Employment Seminar, tailored exclusively for attorneys and human resources professionals. Whether you're a legal expert or an HR specialist, this one-day seminar will provide you...more

CDF Labor Law LLP

Discretion: The Better Part of Valor in Defending Against PAGA Claims

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Since the U.S. Supreme Court’s decision in Viking River Cruises v. Moriana, employers have been implementing and enforcing arbitration agreements requiring employees to arbitrate their individual Private Attorneys’ General...more

Butler Snow LLP

Practicing Before the U.S. Supreme Court | Kannon Shanmugam | Texas Appellate Law Podcast

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For many attorneys, the prospect of a U.S. Supreme Court argument serves as the capstone of a legal career. But for a select few, like Kannon Shanmugam, chair of Paul Weiss’s Supreme Court and Appellate Practice Group,...more

Hinch Newman LLP

The Art of Responding to an FTC CID by an FTC CID Lawyer

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A Federal Trade Commission Civil Investigative Demand is an administrative subpoena utilized by the Federal Trade Commission (and other regulatory agencies, such as a state Attorney General) to obtain documentary materials...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Patent Prosecution Tool Kit: The Changing Face of Non-Obviousness

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It is difficult to think of a case that has had more influence on patent practice than KSR v. Teleflex (550 U.S. 398 (2007)). In KSR, the U.S. Supreme Court rejected the established practice that an invention could not be...more

Franczek P.C.

Non-Union Members Denied Fair-Share Fee Refunds After Janus

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Earlier this month, the Seventh Circuit joined the consensus across the country, concluding in two separate cases that unions that collected fair share fees prior to the U.S. Supreme Court’s ruling in Janus v. AFSCME, 585,...more

Akerman LLP - Marks, Works & Secrets

Lucky Opening Brief on Cert.: Second Circuit’s Novel “Defense Preclusion” Rule Turns a Blind Eye on Bedrock Preclusion Principles

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In June 2019, the United States Supreme Court granted certiorari in Lucky Brand Dungarees Inc., et al. v. Marcel Fashion Group Inc., No. 18-1086.  As set forth in our prior blog posts, Lucky Brand Dungarees Inc. and related...more

Epiq

New Supreme Court Decision Offers Guidance for Mass Tort Preemption Defense

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After years of limited guidance, the Supreme Court has finally provided direction to lower courts on the issue of preemption when they delivered their opinion in Merck v. Albrecht. “Preemption” is a common defense used by...more

Miller Canfield

Supreme Court Remains Focused on Intellectual Property, Adds Two Trademark Cases For Next Term

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The Supreme Court granted certiorari in two trademark cases on June 28, 2019, adding them to its docket for next term. Romag Fasteners, Inc. v. Fossil, Inc., et al. concerns whether, under Section 35 of the Lanham Act, 15...more

Robinson+Cole Class Actions Insider

Judge Kavanaugh on Class Actions

Robinson+Cole Class Actions Insider on

With Judge Brett Kavanaugh’s nomination to the Supreme Court, one question to ask is whether, if he is confirmed, that will move the Court to any degree in class action cases. ...more

Knobbe Martens

How Does the Supreme Court’s Recent Ruling on Incontinence Products Spill Over into Fashion?

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On March 21, 2017 the Supreme Court issued a monumental holding removing the availability of laches as a defense in a claim for damages under patent infringement. The case changes decades of legal precedent, and adopts...more

Bradley Arant Boult Cummings LLP

SCA Hygiene Case Provides a Clear Win for Patent Owners

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In SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, the Supreme Court last week overruled the Federal Circuit’s en banc decision that laches (unreasonable delay in bringing a claim) can bar recovery of...more

Ladas & Parry LLP

Laches not available to defeat patent infringement damages claim: SCA Hygiene Products v First Quality Baby Products

Ladas & Parry LLP on

In a 7-1 decision on March 21, 2017, in the case of SCA Hygiene Products AB v. First Quality Baby Products LLC, the United States Supreme Court reversed an en banc decision of the Court of Appeals for the Federal Circuit and...more

Akerman LLP - Marks, Works & Secrets

Laches Limited To Being An Equitable Defense In Patent Cases

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In SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, the Supreme Court made plain that laches is merely an equitable defense in patent cases, and will not bar a damage claim if brought within the six year...more

Proskauer - New England IP Blog

Supreme Court Rejects Laches Defense in Patent Cases

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The U.S. Supreme Court ruled this week that laches is not a defense in the majority of patent cases. Justice Alito, writing for the 7-1 majority, found the application of laches to patent disputes incompatible with the...more

Jones Day

Supreme Court Curbs Laches as a Defense in Patent Cases

Jones Day on

In SCA Hygiene Products v. First Quality Baby Products, decided on March 21, 2017, the U.S. Supreme Court significantly reduced the role of the laches defense in patent actions: "Laches cannot be interposed as a defense...more

Akin Gump Strauss Hauer & Feld LLP

Supreme Court Eliminates the Laches Defense in Patent Cases

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The Supreme Court held that laches is no longer a defense against patent infringement. The Patent Act’s six-year statute of limitations already limits the window for damages for infringement, which precludes any further...more

Knobbe Martens

U.S. Supreme Court Eliminates Laches Defense for Damages in Patent Suits

Knobbe Martens on

The U.S. Supreme Court on Tuesday, March 21, 2017, held in a 7-1 decision that the defense of laches is not available under the Patent Act to bar claims for damages. SCA Hygiene Products Aktiebolag v. First Quality Baby...more

Wilson Sonsini Goodrich & Rosati

U.S. Supreme Court Diminishes Laches Defense in Patent Infringement Cases

Wilson Sonsini Goodrich & Rosati on

On March 21, 2017, the U.S. Supreme Court confirmed that "laches" is not a defense to infringement during a statutory damages period set by Congress in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC....more

Spilman Thomas & Battle, PLLC

Supreme Court Decides the Equitable Defense of Laches is No Longer Valid in Patent Cases

Spilman Thomas & Battle, PLLC on

The Supreme Court’s recent ruling in SCA Hygiene v. First Quality, has eliminated the long-standing principle of laches in patent cases. On March 21, 2017, in an opinion written by Justice Alito, the Court held that laches...more

Eversheds Sutherland (US) LLP

The Supreme Court Wipes Clean the Laches Defense in Certain Patent Cases

Eversheds Sutherland (US) LLP on

On March 21, 2017, the U.S. Supreme Court issued a 7-1 decision in SCA Hygiene Prods. Aktiebolag v. First Quality Baby Prods., LLC, wiping out the equitable defense of laches in some patent cases. In particular, where patent...more

Mintz - Intellectual Property Viewpoints

Supreme Court Shuts the Door on Patent Laches

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In a widely anticipated move with implications for patent litigation across the country, the Supreme Court ruled today that the equitable defense of laches is not available to limit damages in patent infringement cases...more

Jackson Walker

Supreme Court Rules Doctrine of Laches Does Not Bar Damages In Patent Litigation

Jackson Walker on

In a highly-anticipated opinion, the Supreme Court ruled on Tuesday that the doctrine of laches is no longer a proper defense in patent infringement cases. Following its 2014 copyright laches case in Petrella v....more

Womble Bond Dickinson

Fearing Trolls, Some “Friends of the Court” Turn to Laches for Solace While Others Urge Reversal in SCA Hygiene v. First Quality...

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On November 1st, the Supreme Court will hear oral arguments to decide whether “Raging Bull” applies in patent litigation. At issue is whether and to what extent a laches defense may bar a claim for damages in patent...more

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