By Mark D. Klinko, attorney at Fay Sharpe LLP On March 21, 2017, the U.S. Supreme Court issued a 7-1 decision in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC. Justice Alito delivered the opinion of the Court and Justice Breyer dissented. The Court decided laches cannot be a defense against damages where the patent infringement occurred within a time period set by Congress. Laches is an equitable doctrine under which a court may deny relief to a claimant who made a claim after an unreasonably long delay. Judges evaluate the defense of laches on a case-by-case basis where it is available. A key rationale for the doctrine of laches are fairness to a defendant since evidence needed to mount a defense may be destroyed over time. For example, witnesses may lose memories or documents may be lost. A statute of limitations serves a similar function but is set by...