The US International Trade Commission (“ITC”) announced that it will consider whether a laches defense can be used in Section 337 investigations. In Certain Network Devices, Related Software, and Components Thereof, the respondent argued that a laches defense should be available in light of the Federal Circuit’s 2015 decision in SCA Hygiene Prods v. First Quality Baby Prods. holding that laches can preclude injunctive remedies. The complainant countered that the rationale for SCA Hygiene was based on the Supreme Court’s decision in eBay v. MercExchange, a case that the Federal Circuit had held does not apply to the ITC’s remedial determinations. The ITC will therefore have to decide whether laches can be used as an independent defense or is merely one of the eBay balancing factors and therefore inapplicable in the Section 337 context.
For more information, read the full blog post on The Trade Practitioner.