Digest of SCA Hygiene Prods., LLC v. First Quality Baby Prods., LLC, No. 2013-1564 (Fed. Cir. Dec. 30, 2014) (per curiam). On petition for rehearing en banc. Before Prost, Newman, Lourie, Dyk, Moore, O’Malley, Reyna, Wallach, Taranto, Chen, and Hughes.

Procedural Posture: Plaintiff patentee filed a petition for rehearing en banc following a decision affirming the lower court’s grant of summary judgment that plaintiff’s infringement claims were barred by laches. CAFC granted the petition for rehearing en banc.

  • Laches: The CAFC requested that the parties file new briefs addressing (1) whether A.C. Aukerman Co. v. R.L. Chaides Constr. Co., 960 F.2d 1020 (Fed. Cir. 1992) should be overruled in light of Petrella v. Metro-Goldwyn-Mayer, 134 S. Ct. 1962 (2014), such that the defense of laches is not applicable to bar a claim for damages based on patent infringement occurring within the six-year damages limitation period established by 35 U.S.C. § 286; and (2) whether the defense of laches should be available under some circumstances to bar an entire patent infringement suit for either damages or injunctive relief. The CAFC also invited the submission of amicus briefs.