News & Analysis as of

Copyright Infringement Statute of Limitations Petrella v. MGM

Seyfarth Shaw LLP

Skeptical of the Second Circuit: U.S. Supreme Court Hears Arguments on Copyright Damages

Seyfarth Shaw LLP on

On Wednesday, the Supreme Court heard oral argument in Warner Chappell Music, Inc. v. Nealy, an appeal of the Eleventh Circuit’s determination that a copyright plaintiff can recover damages for infringement occurring more...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Time's Up: Supreme Court to Grapple with Damages Dilemma in Warner Chappell Music v. Nealy

On February 21, 2024, the Supreme Court of the United States heard oral arguments in Warner Chappell Music, Inc. et al. v. Nealy et al. The case involves whether plaintiff music producer Sherman Nealy may recover damages for...more

Irwin IP LLP

Infringers Beware: Copyright Damages Not Limited to Three Years - Nealy v. Warner Chappell Music, Inc., No. 21-13232 (11th Cir....

Irwin IP LLP on

The Eleventh Circuit joins the Ninth Circuit where, despite a claim of copyright infringement having a three-year statute of limitation, a plaintiff can recover damages more than three years prior to the suit.  Recently, the...more

Morrison & Foerster LLP

The Laches Defense Loses Its Grip in Patent Law

Until today, laches had been available as a defense in patent litigation without much debate. The defense often arose in the context of demand letters: a patentee would threaten an accused infringer, but would then wait...more

Womble Bond Dickinson

Fearing Trolls, Some “Friends of the Court” Turn to Laches for Solace While Others Urge Reversal in SCA Hygiene v. First Quality...

Womble Bond Dickinson on

On November 1st, the Supreme Court will hear oral arguments to decide whether “Raging Bull” applies in patent litigation. At issue is whether and to what extent a laches defense may bar a claim for damages in patent...more

Jackson Walker

Laches Remains a Valid Defense to Patent Infringement Notwithstanding 'Petrella v. Metro-Goldwyn-Mayer'

Jackson Walker on

On Friday, September 18, 2015, the Federal Circuit sitting en banc, confirmed in SCA Hygiene Products v. First Quality Baby Products that the common law doctrine of laches is still a viable defense to patent infringement when...more

Foley & Lardner LLP

En Banc Federal Circuit Preserves The Patent Laches Defense Over Dissent

Foley & Lardner LLP on

In a divided en banc decision in SCA Hygiene Products v. First Quality Baby Products, the Federal Circuit preserved the defense of laches for patent cases even though the Supreme Court eliminated that defense in copyright...more

Snell & Wilmer

Laches Remains a Defense to Legal Relief in Patent Infringement Cases After Petrella

Snell & Wilmer on

Laches remains applicable in the patent context to bar pre-suit damages after an en banc Federal Circuit ruling late last week in SCA Hygiene Products Aktiebolag v. First Quality Baby Products. Last year in the “Raging Bull”...more

McDermott Will & Emery

Seventh Circuit Cites Petrella to Save Copyright Suit from Dismissal

McDermott Will & Emery on

Chicago Building Design, P.C., et. al. v. Mongolian House, Inc., et. al. - The U.S. Court of Appeals for the Seventh Circuit applied the Supreme Court of the United States’ May 2014 ruling in Petrella (IP Update, Vol....more

Foley & Lardner LLP

Petrella v. MGM: Supreme Court Recognizes Limits on Laches

Foley & Lardner LLP on

The word “laches” is from French, meaning “remissness” or “slackness.” One of the familiar equitable defenses, laches developed in chancery to prevent unreasonable delay in pursuing a right or claim, lest that delay prejudice...more

Akin Gump Strauss Hauer & Feld LLP

Supreme Court Copyright Decision Determines When Laches Applies

On May 19, 2014, in a six-to-three decision written by Justice Ginsburg, the U.S. Supreme Court held that the doctrine of laches did not bar either legal or equitable relief in a copyright case that was brought within the...more

Pillsbury Winthrop Shaw Pittman LLP

Raging Bull Heiress Knocks Out MGM’s Laches Defense

In Petrella v. Metro-Goldwyn-Mayer, Inc., Supreme Court holds that laches cannot bar claims for damages for copyright infringement brought during the 3-year limitations period. On May 19, 2014, in a case concerning the...more

McDermott Will & Emery

Supreme Court Keeps Raging Bull Copyright Suit in the Ring

McDermott Will & Emery on

In a ruling that could potentially increase the number of copyright infringement actions, the Supreme Court of the United States has resolved a conflict among the circuits, holding that the equitable defense of laches cannot...more

Morrison & Foerster LLP

Supreme Court Finds Laches Does Not Bar Copyright Infringement Claim: Petrella v. Metro - Goldwyn - Mayer, Inc.

The doctrine of laches cannot be invoked as a bar to a plaintiff's claim for damages brought within the Copyright Act’s three-year statute of limitations period, according to the United States Supreme Court’s decision in...more

McDonnell Boehnen Hulbert & Berghoff LLP

The Status of Patent Laches after Petrella v. MGM

Today in Petrella v. Metro-Goldwyn-Mayer, Inc. (case number 12-1315), the U.S. Supreme Court ruled that the doctrine of laches could not be invoked to bar a copyright claim that was brought within the statutorily allowed...more

Foley Hoag LLP - Trademark, Copyright &...

Raging Bull Majority Decision: Supreme Court Nixes Laches As Defense To Copyright Damages

In Petrella v. MGM, the U.S. Supreme Court was confronted with the question of whether laches is available as a defense to copyright infringement. We have previously written about the case here and here. Yesterday, May 19,...more

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