Amster Rothstein and Ebenstein, LLP - Intellectual Property Law

In The Press:
IP Law 360 Reviews Patent Impact Of "Raging Bull"

- IP Law360, September 24, 2014

Law360, New York (September 24, 2014, 7:18 PM ET) -- A Federal Circuit panel declined last week to address whether the U.S. Supreme Court's "Raging Bull" decision limiting laches as a defense in copyright cases applies equally to patent cases, but attorneys say the court now has an ideal opportunity to grapple with the issue en banc.

The panel ruled Sept. 17 that SCA Personal Care Inc. waited too long to file a patent suit against First Quality Baby Products LLC over adult diapers, so the case warranted dismissal based on laches, the equitable doctrine barring suits after unreasonable delays.

First Quality Baby Products LLC is represented by Kenneth George, Charles Macedo and Mark Berkowitz of Amster Rothstein & Ebenstein LLP.

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