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SCA Hygiene: On the Road to Grant of Certiorari?

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

Today in SCA Hygiene Prods. Aktiebolag v. First Quality Baby Prods.,LLC, S.Ct. No. 15-927, opinion below, __ F.3d __ (Fed. Cir. Sept. 18, 2015)(en banc), the Court did not issue an Order granting or denying certiorari.  Petitioner asks whether Federal Circuit patent laches law consistent with the Supreme Court copyright laches case, Petrella v. Metro-Goldwyn-Mayer, Inc., 134 S.Ct. 1962 (2014).

This case remains very much alive as a case where certiorari may well be granted.  As previously noted, this case has a much higher than average chance for grant of certiorari for the reasons pointed out in the most recent Top Ten Patent Cases.  If the case is rescheduled for Conference (as opposed to be held to await a decision in a different case), the earliest Conference is April 29, 2016; a decision would most likely be issued in the Orders List for May 2, 2016.

Regards,
Hal

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