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Supreme Court remands medical device patent cases – MassDevice
The governing law in this case is patent law, not copyright law. Last year, the U.S. Court of Appeals ruled to uphold a district's court decision that it was too late for Endotach to seek equitable relief. The latest decision from the Supremes clarifies that laches cannot be used as a defense in many patent infringement cases. The Supreme Court previously ruled in Petrella v. Metro-Goldwyn-Mayer that laches is not a defense against copyright infringement brought within the statutory limitation period. "Petrella reflects a change in copyright law (at least in the 9th Circuit, whose aberrant rule was reversed by the Supreme Court).
[Supreme Court to consider curbing suits filed in Texas court]The Supreme Court on Monday debated whether such forum-shopping is what Congress intended to happen with patent litigation — and whether there was anything wrong with it. Kraft's lawyer at the Supreme Court, William M. Jay, told the court that Congress is looking at the situation. Usually when the Supreme Court rules, "we can be pretty confident that Congress is acting against the backdrop of that decision," she said. The Eastern District of Texas is where a stunning number of patent cases are born — nearly 45 percent of the nation's total, according to an amicus brief filed at the Supreme Court. Instead, the Indiana-based Heartland was sued in Delaware, the district with the second highest number of patent suits, about 10 percent.
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