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ARTICLE · 03 NOVEMBER 2014

Diaper Maker’s Patent Claims Soiled By Delay

In October 2003, SCA sent a letter to First Quality putting First Quality on notice as to its possible infringement of SCA’s patent.

United StatesIntellectual Property

SCA Hygiene Prods. AB v. First Quality Baby Prods., LLC

This case relates to adult incontinence products. The district court, based on a delay of more than six-years in filing the lawsuit, held that the patent owner's suit was barred by both laches and equitable estoppel. The U.S. Court of Appeals for the Federal Circuit agreed that dismissal for laches was appropriate but, given the limited interactions between the parties reversed the district court's summary judgment as to equitable estoppel.  SCA Hygiene Prods. AB v. First Quality Baby Prods., LLC, Case No. 13-1564 (Fed. Cir., Sept. 12, 2014) (Hughes, J.).

In October 2003, SCA sent a letter to First Quality putting First Quality on notice as to its possible infringement of SCA's patent.  First Quality responded that the patent was invalid and not infringed.  In July 2004, SCA sought reexamination of the patent, and in March 2007 the U.S. Patent and Trademark Office (PTO) confirmed the patentability of

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