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 […]

Petrella v. MGM and Copyright’s Law-Equity Divide

Cross-posted on the Copyhype blog. While the distinction between law and equity may seem antiquated to modern ears, the Supreme Court handed down an interesting copyright opinion last week which turned on whether the plaintiff’s claims were legal or equitable in nature. In Petrella v. MGM, the Court held that the affirmative defense of laches, […]