News & Analysis as of

MGM Statute of Limitations

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

McDermott Will & Emery

Seeing Starz: No Damages Bar in Copyright Discovery Rule Case

The US Court of Appeal for the Ninth Circuit affirmed a district court’s denial of a motion to dismiss copyright infringement claims as barred by the statute of limitations, affirming the copyright owner’s right to sue even...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

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

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