SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
15-927	Fed. Cir.	Nov 1, 2016 Tr.Aud.	Mar 21, 2017	7-1	Alito	OT 2016

Holding: Laches cannot be invoked as a defense against a claim for damages brought within the six-year limitations period of Section 286 of the Patent Act.

Judgment: Vacated in part and remanded, 7-1, in an opinion by Justice Alito on March 21, 2017. Justice Breyer filed a dissenting opinion.

SCOTUSblog Coverage

Opinion analysis: Justices reject application of laches in patent cases (Ronald Mann)
Argument analysis: Justices seem untroubled by concerns about patent plaintiffs “lying in wait” for innocent defendants (Ronald Mann)
Argument preview: Stakes are high as justices consider laches as a bar to patent damage suits (Ronald Mann)
Useful or creative: A look at design protection (Lyle Denniston)

Date	Proceedings and Orders (key to color coding)
Nov 18 2015	Application (15A546) to extend the time to file a petition for a writ of certiorari from December 17, 2015 to January 19, 2016, submitted to The Chief Justice.
Nov 23 2015	Application (15A546) granted by The Chief Justice extending the time to file until January 19, 2016.
Jan 19 2016	Petition for a writ of certiorari filed. (Response due February 22, 2016)
Jan 29 2016	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners.
Feb 11 2016	Order extending time to file response to petition to and including March 23, 2016.
Feb 19 2016	Brief amicus curiae of The Toro Company filed.
Feb 22 2016	Brief amicus curiae of ART+Com Innovationpool, GmbH filed.
Feb 22 2016	Brief amicus curiae of Medinol Ltd. filed.
Mar 22 2016	Brief of respondents First Quality Baby Products, LLC, et al. in opposition filed.
Apr 5 2016	Reply of petitioners SCA Hygiene Products Aktiebolag, et al. filed.
Apr 6 2016	DISTRIBUTED for Conference of April 22, 2016.
Apr 25 2016	DISTRIBUTED for Conference of April 29, 2016.
May 2 2016	Petition GRANTED.
May 20 2016	The time to file the joint appendix and petitioners' brief on the merits is extended to and including July 15, 2016.
May 20 2016	The time to file respondents' brief on the merits is extended to and including September 12, 2016.
May 25 2016	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Jul 15 2016	Joint appendix filed. (Statement of costs filed.)
Jul 15 2016	Supplemental joint appendix filed.
Jul 15 2016	Brief of petitioners SCA Hygiene Products Aktiebolag, et al. filed.
Jul 20 2016	Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed.
Jul 21 2016	Brief amicus curiae of Medinol Ltd. filed.
Jul 22 2016	Brief amicus curiae of ART+Com Innovationpool, GmbH filed.
Jul 22 2016	Brief amici curiae of Law Professors filed.
Jul 22 2016	Brief amicus curiae of The American Bar Association filed.
Jul 22 2016	Brief amicus curiae of The Intellectual Property Law Association of Chicago in support of neither party filed.
Jul 22 2016	Brief amici curiae of Alliance of Inventor Groups filed.
Jul 22 2016	Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
Sep 2 2016	SET FOR ARGUMENT On Tuesday, November 1, 2016
Sep 7 2016	Brief amici curiae of Electronic Frontier Foundation and Public Knowledge filed.
Sep 9 2016	Record has been requested from the U.S.C.A. Federal Circuit.
Sep 12 2016	Brief of respondents First Quality Baby Products, LLC, et al. filed. (Distributed)
Sep 15 2016	Record received from the U.S.C.A. Federal Circuit is electronic and located on PACER. Also from the U.S.C.A. Federal Circuit are Confidential documents filed electroniclly.
Sep 19 2016	Brief amici curiae of Briggs & Stratton Corporation, et al. filed.
Sep 19 2016	Brief amicus curiae of Askeladden, LLC filed.
Sep 19 2016	Brief amicus curiae of Cook Medical LLC filed.
Sep 19 2016	Brief amici curiae of Dell, et al. filed.
Sep 19 2016	Brief amicus curiae of Washington Legal Foundation filed.
Sep 19 2016	Brief amicus curiae of Universal Remote Control, Inc. filed.
Sep 19 2016	Brief amici curiae of Johnson & Johnson and Cordis Corporation filed.
Sep 19 2016	Brief amicus curiae of Roche Molecular Systems, Inc. filed.
Sep 28 2016	CIRCULATED
Oct 12 2016	Reply of petitioners SCA Hygiene Products Aktiebolag, et al. filed. (Distributed)
Nov 1 2016	Argued. For petitioners: Martin J. Black, Philadelphia, Pa. For respondents: Seth P. Waxman, Washington, D. C.
Mar 21 2017	Adjudged to be VACATED IN PART, and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, Ginsburg, Sotomayor, and Kagan, JJ., joined. Breyer, J., filed a dissenting opinion.
Apr 24 2017	JUDGMENT ISSUED.

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Su	Mo	Tu	We	Th	Fr	Sa
		1 Holiday	2	3	4 Conference	5
6	7 Orders MERCK SHARP & DOHME CORP. V. ALBRECHT (17-290) OBDUSKEY V. MCCARTHY & HOLTHUS LLP (17-1307)	8 HERRERA V. WYOMING (17-532) FOURTH ESTATE PUBLIC BENEFIT CORP. V. WALL-STREET.COM, LLC (17-571) Opinions	9 FRANCHISE TAX BOARD OF CALIFORNIA V. HYATT (17-1299)	10	11 Conference	12
13	14 Orders THACKER V. TENNESSEE VALLEY AUTHORITY (17-1201) RIMINI STREET INC. V. ORACLE USA INC. (17-1625)	15 HOME DEPOT U.S.A. INC. V. JACKSON (17-1471) AZAR V. ALLINA HEALTH SERVICES (17-1484) Opinions	16 KNICK V. TOWNSHIP OF SCOTT, PENNSYLVANIA (17-647) TENNESSEE WINE AND SPIRITS RETAILERS ASSOCIATION V. BLAIR (18-96)	17	18 Conference	19
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Cases argued	43
Cases decided	9
Summary reversals	2
Merits cases granted to date	73

Editor's Note :

SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC

SCOTUSblog Coverage

Featured Posts

Challengers urge justices to dismiss census case after district court ruling (Updated) – Amy Howe

Reargument analysis: Justices seek a “middle position” in takings litigation case – Miriam Seifter

Argument analysis: Justices have strong views about removal of class actions – Ronald Mann

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