The recent U.S. Supreme Court decision in SCA Hygiene v. First Quality rejected, 7-1, the defense of laches for damages incurred within the six-year period of limitations prescribed by Section 286. This webinar will focus on a separate point mentioned by both the majority and the dissent – that equitable estoppel can protect against some of the consequences that may ensue from the court’s decision, problems described by the majority as “unscrupulous patentees inducing potential targets of infringement suits to invest in the production of arguably infringing products.”
Our panel — an in–house counsel and two law firm litigators — will explore whether equitable estoppel defense can indeed be used in many fact scenarios where laches previously applied. According to the Federal Circuit, equitable estoppel can entirely bar a patent infringement suit, if (1) the patentee, through misleading conduct, led the alleged infringer to reasonably believe that the patentee did not intend to enforce its patent; (2) the alleged infringer relied on that conduct; and (3) due to its reliance, the alleged infringer would be materially prejudiced if the patentee were permitted to proceed with its charge of infringement. A defendant has successfully used equitable estoppel, for instance, where a patentee sent a cease-and-desist letter, but did not file suit for an extended period of time.
Speakers:
- Roger Cook, Kilpatrick Townsend & Stockton LLP
- Ann Fort, Eversheds Sutherland LLP
- David Kelley, Ford Global Technologies LLC
