En Banc Federal Circuit to Consider Impact of Petrella in Patent Cases

Back in September, I wrote about the Federal Circuit’s opinion in SCA Hygiene v. First Quality.1 There, the circuit panel rejected the appellant’s argument that the Supreme Court’s opinion in Petrella2 —a copyright case—implicitly overruled the en banc Federal Circuit’s opinion in Aukerman3 —a patent case—insofar as the availability of the laches defense to claims […]