News & Analysis as of October 12, 2024

Corporate Counsel

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Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -

It’s All Grecco to Me: No “Sophisticated Plaintiff” Exception to Discovery Rule

McDermott Will & Emery on 8/30/2024

In a case of first impression, the US Court of Appeals for the Second Circuit held that there is no “sophisticated plaintiff” exception to the Copyright Act’s discovery rule, which provides that a copyright claim only accrues...more

Out of Tune: Eleventh Circuit Permits Retrospective Relief for Timely Copyright Claims under Discovery Rule

McDermott Will & Emery on 3/9/2023

The US Court of Appeals for the Eleventh Circuit furthered a circuit split in holding that, as a matter of first impression, a copyright plaintiff’s timely claim under the discovery rule is subject to retrospective relief for...more

Second Circuit Limits Copyright Damages To Three Years Preceding Suit

Kelley Drye & Warren LLP on 5/22/2020

While the Copyright Act has a three-year statute of limitations, most courts follow the “discovery rule,” pursuant to which “an infringement claim does not ‘accrue’ until the copyright holder discovers, or with due diligence...more

En Banc Federal Circuit Preserves The Patent Laches Defense Over Dissent

Foley & Lardner LLP on 9/23/2015

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

Supreme Court Keeps Raging Bull Copyright Suit in the Ring

McDermott Will & Emery on 5/21/2014

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

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