High court to hear patent fight over adult diapers

Intellectual Property

The Supreme Court will resolve a patent dispute between companies that make adult diapers.

The justices said Monday they will hear an appeal from SCA Hygiene Products AB, which argues that it did not wait too long to file a patent infringement lawsuit against rival First Quality Baby Products LLC.

The divided U.S. Court of Appeals for the Federal Circuit ruled last year that SCA's six-year delay in bringing the lawsuit was unreasonable.

SCA is relying on a 2014 Supreme Court case that said unreasonable delay is not a defense against claims of copyright infringement. The company says the same reasoning applies to patent cases.

The court will hear arguments in the case when its new term begins in the fall.

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Nimon Naphaeng, 36, a native and citizen of Thailand, who resided in Wakefield, R.I., was sentenced Monday to 27 months in federal prison for running an immigration fraud scheme that defrauded more than 320 individuals, most of them immigrants, of at least $400,000, and perhaps more than $518,000. The scheme included the unauthorized filing of false asylum applications on behalf of individuals who did not request, nor authorize, the applications.

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At sentencing, U.S. District Court Chief Judge William E. Smith ordered a provisional amount of restitution of $400,000. The final amount of restitution will be determined subject to additional victims being identified and additional court filings over the next 90 days. According to court documents already filed by the government, restitution in this matter may exceed $518,300. During the investigation, the government seized $285,789.31 from Naphaeng. The forfeited funds will be applied toward restitution for victims of Naphaeng’s crimes.

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