Romag Fasteners, Inc. v. Fossil, Inc., Fossil Stores I, Inc., Macy's, Inc., Macy's Retail Holdings, Inc.,…

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ROMAG FASTENERS, INC.,
Plaintiff-Appellant
v.
FOSSIL, INC., FOSSIL STORES I, INC., MACY'S,
INC., MACY'S RETAIL HOLDINGS, INC., BELK,
INC., THE BON-TON STORES, INC., THE BON-TON
DEPARTMENT STORES, INC., DILLARD'S, INC.,
NORDSTROM, INC., ZAPPOS.COM, INC., ZAPPOS
RETAIL, INC.,
Defendants-Cross-Appellants
______________________
2014-1856, 2014-1857
______________________
Appeals from the United States District Court for the
District of Connecticut in No. 3:10-cv-01827-JBA, 3:11-cv-
00929- CFD, Judge Janet Bond Arterton.
______________________
Before D YK, WALLACH , and HUGHES , Circuit Judges.
P ER CURIAM .
O R D E R
The court has received a certified copy of the judg-
ment from the Clerk of the Supreme Court of the United
States in Romag Fasteners, Inc. v. Fossil, Inc., et al., No.

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ROMAG FASTENERS, INC. v. FOSSIL, INC. 2
16-202 (2017). The Supreme Court granted certiorari,
vacated, and remanded for further consideration our
March 31, 2016 judgment in light of SCA Hygiene Prod-
ucts Aktiebolag v. First Quality Baby Products, LLC, 580
U.S. __ (2017).
The Supreme Court’s SCA Hygiene decision was solely
concerned with the defense of laches against a claim for
patent infringement damages and does not affect other
aspects of our earlier opinion. Id. at 16. As such, we
reinstate our earlier opinion except for section I. See
WesternGeco LLC v. ION Geophysical Corp., 837 F.3d
1358, 1361 (Fed. Cir. 2016). Section I of our earlier opin-
ion was specifically directed to the defense of laches.
Upon consideration thereof,
I T I S O RDERED T HAT :
(1) The mandate issued on May 9, 2016, is hereby re-
called and the appeal is reinstated.
(2) The June 27, 2014 judgment of the United States
District Court for the District of Connecticut reducing
Romag’s jury award patent damages by eighteen percent
due to the defense of laches is vacated. Under the Su-
preme Court’s decision in SCA Hygiene, laches is not a
defense to patent infringement within the statutory
period.
(3) The case is remanded to that court to correct the
damages judgment amount consistent with the Supreme
Court’s opinion.
(4) We hereby reinstate those aspects of our earlier
decision and judgment set forth in sections II–III of our
earlier opinion, 817 F.3d 782 (Fed. Cir. 2016), affirming
the district court’s judgment declining to award Fossil’s
profits, which were not affected by the Supreme Court’s
order.
(5) Costs to neither party.

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ROMAG FASTENERS, INC . FOSSIL, INC. 3
F OR THE COURT
May 3, 2017 /s/ Peter R. Marksteiner
Date Peter R. Marksteiner
Clerk of Court

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