Today, the Supreme Court granted certiorari in two cases of interest to the business community:
Copyright Act—Useful Articles
Star Athletica, LLC v. Varsity Brands, Inc., No. 15-866
The Copyright Act does not protect the "design of a ... useful article," but the "pictorial, graphic, or sculptural features" of a useful article can be copyrighted if they can be "identified" and "exist[] independently of the utilitarian aspects of the article." 17 U.S.C. § 101. In Star Athletica, LLC v. Varsity Brands, Inc., No. 15-866, the Supreme Court granted review to settle a circuit split over the appropriate test for determining when a design feature of a useful article qualifies for copyright protection. The creation of a single test should provide stability and predictability for industries that use unique artistic design features to market products.
Patent Act—Availability of Laches Defense
SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, No. 15-927
Although the Patent Act has a six-year statutory limitations period for patent infringement claims, the Federal Circuit has historically permitted infringement defendants to invoke the equitable defense of laches to bar claims for money damages, if the plaintiff inexcusably delayed filing suit and prejudiced defendant through that delay. In Petrella v. Metro-Goldwyn-Mayer, 134 S. Ct. 1962 (2014), the Supreme Court declined to apply laches in the context of the Copyright Act, relying on the existence of a statutory limitations period and observing that the Court had "never applied laches to bar in their entirety claims for discrete wrongs occurring within a federally prescribed limitations period." After Petrella, the Federal Circuit continued to permit the laches defense in patent cases. The Supreme Court has now granted certiorari to decide whether the laches defense remains available in damages actions for patent infringement.
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