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SCA Hygeine; Medinol: Supreme Court Review of Patent Laches, Conflict with Petrella v. MGM

April 25, 2016| in Wegner's Writings| by Hal Wegner

On April 29th a second Conference is scheduled for SCA Hygiene Prods. Aktiebolag v. First Quality Baby Prods.,LLC, S.Ct. No. 15-927, and concurrently a third Conference is scheduled for Medinol Ltd. v. Cordis Corp., No. 15-998.  As the issue is framed in SCA Hygeine, the issue is whether Federal Circuit patent laches law consistent with the Supreme Court copyright laches law of Petrella v. Metro-Goldwyn-Mayer, Inc., 134 S.Ct. 1962 (2014).

Significant Chance Certiorari will be Granted:  For the reasons set forth in the last issues of Top Ten Patent Cases the cases have a strong possibility for grant of certiorari.  Whether certiorari is granted in either case is expected as part of the Orders List for May 2, 2016.  If granted, the cases would be briefed in the coming months; a merits hearing would take place late this year; and a merits decision would then be expected in 2017 before the end of June.

Regards,
Hal

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