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Supreme Court of the United States › Judicial Discretion

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Manatt, Phelps & Phillips, LLP

Responses to Infringement Letters Can Reduce Risk of Willful Infringement

Manatt, Phelps & Phillips, LLP on

In Halo Electronics, Inc. v. Pulse Electronics, Inc.,1 the Supreme Court held that 35 U.S.C. Section 284 provides for enhanced damages in egregious cases...more

Fenwick & West LLP

SCOTUS: Full Costs in Copyright Cases Limited by General Costs Statute

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In Rimini Street v. Oracle USA, the U.S. Supreme Court held unanimously that the “full costs” the Copyright Act authorizes federal district courts to award a party in copyright litigation means the costs specified in the...more

Knobbe Martens

Discretionary Denial as a Case Management Tool: PTAB Requires Petitioner to Rank its Six IPR Petitions by Merit and then...

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Following the Supreme Court’s decision in SAS v. Iancu, which held that an IPR institution is an “all-or-nothing” proposition, the PTAB lost its ability to rely on “partial institutions” as a case management tool (e.g., by...more

McDermott Will & Emery

“Full Costs” Under Copyright Act Means Those Specified in General Costs Statute

McDermott Will & Emery on

In a unanimous decision authored by Justice Kavanaugh, the Supreme Court of the United States held that the term “full costs” in 17 USC § 505 of the Copyright Act has no special, expansive meaning, but is limited to the costs...more

Sunstein LLP

March 2019 IP Update - Not All Litigation Expenses Are Recoverable Under the Copyright Act

Sunstein LLP on

On March 4, the Supreme Court overturned a ruling that required Rimini Street to pay $12.8 million for Oracle’s litigation costs in a copyright infringement case. Rimini Street, Inc. v. Oracle USA, Inc. Many of the costs...more

White & Case LLP

Supreme Court Clarifies the Rules for Enforcing Copyrights

White & Case LLP on

On March 4, 2019, the Supreme Court issued two unanimous opinions that clarify when copyright owners can sue for infringement and what costs they can recover from infringers. In Fourth Estate v. Wall-Street.com, the Court...more

Coblentz Patch Duffy & Bass

Supreme Court Issues Two Copyright Rulings

Coblentz Patch Duffy & Bass on

The U.S. Supreme Court issued two rulings last week on copyright law. In both cases, they acted to resolve conflicts between the Circuits, following closely to statutory language....more

Jones Day

Jones Day Talks: Women in IP: The Supreme Court's "Copyright Day"

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In Fourth Estate Public Benefit Corporation v. Wall-Street.com, the U.S. Supreme Court tackled questions relating to copyright applications vs. copyright registrations, while in Rimini Street v. Oracle, the justices ruled on...more

Knobbe Martens

The Supreme Court limits the scope of "full costs” in the Copyright Act fee-shifting provision

Knobbe Martens on

The U.S. Supreme Court on Monday, March 4, 2019, held in a 9-0 decision that the term “full costs” in § 505 of the Copyright Act is limited by the general “costs” statute (28 U.S.C. §§ 1821 and 1920). For example, § 505 does...more

Jones Day

No Longer Paid in Full: "Full Costs" Covers Only Taxable Costs in Copyright Cases

Jones Day on

A unanimous ruling by the Supreme Court held that the word "full" was insufficient to justify awarding additional, nontaxable costs to the prevailing party. Under the American Rule, the prevailing party ordinarily must bear...more

McNees Wallace & Nurick LLC

Supreme Court Issues Two Unanimous Decisions in Copyright Litigation Cases

McNees Wallace & Nurick LLC on

On March 4, 2019, the U.S. Supreme Court issued two unanimous opinions interpreting provisions of the Copyright Act. In the first case, the Court decided that the Copyright Office must register a copyright before a copyright...more

Jackson Walker

Two New Supreme Court Decisions Alter the Landscape for Litigating Copyright Infringement Cases

Jackson Walker on

Copyright litigants should take note of the pair of unanimous decisions handed down by the Supreme Court on Monday: Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, No. 17-571, 2019 LEXIS 1730 (Mar. 4, 2019), and...more

Eversheds Sutherland (US) LLP

The Supreme Court weighs in on copyright matters – a costly decision and a registration requirement

Eversheds Sutherland (US) LLP on

It has been a big week for copyright cases, and it’s only Wednesday. This Monday, the Supreme Court issued opinions on two copyright cases pending before it from the October 2018 term. ...more

McDermott Will & Emery

“Full Costs” under the Copyright Act Means Those Costs Specified in General Costs Statute

McDermott Will & Emery on

On March 4, 2019, the US Supreme Court issued a unanimous decision authored by Justice Kavanaugh in Rimini Street, Inc. v. Oracle USA, Inc., finding that the term “full costs” in 17 USC § 505 of the Copyright Act has no...more

Dorsey & Whitney LLP

The Supreme Court - March 4, 2019

Dorsey & Whitney LLP on

Today, the Supreme Court issued three decisions: Rimini Street, Inc. v. Oracle USA Inc., No. 17-1625: Section 505 of the Copyright Act permits courts to award “full costs” to a party in a civil action. Broadly interpreting...more

Ballard Spahr LLP

Supreme Court Allows Copyright Actions Only After Office Acts on Application and Limits Recovery of Costs

Ballard Spahr LLP on

In two unanimous opinions, the Supreme Court on March 4, 2019, clarified two important issues under the Copyright Act—in both cases, based on a strict reading of the relevant text. ...more

Snell & Wilmer

SCOTUS: “Full Costs” Are Just Costs

Snell & Wilmer on

Today, March 4, 2019 the Supreme Court of the United States ruled in Rimini Street v. Oracle USA that “full costs” described in 17 U.S.C. § 505 of the (Copyright Act) are limited to the six categories of taxable costs set...more

Dorsey & Whitney LLP

Wait, There’s More Breaking News: SCOTUS Clarifies What Costs Are Recoverable in Copyright Infringement Cases

Dorsey & Whitney LLP on

The Supreme Court was busy yesterday issuing opinions involving copyright law (see the TMCA’s post yesterday on Fourth Estate vs. Wallstreet.com concerning the need to obtain a copyright registration before initiating an...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Supreme Court Issues Two Unanimous Rulings Clarifying Meanings of ‘Registration’ and ‘Full Costs’ in Copyright Act

Skadden, Arps, Slate, Meagher & Flom LLP on

On March 4, 2019, the U.S. Supreme Court issued two unanimous decisions interpreting the Copyright Act. In Fourth Estate Public Benefit Corp. v. Wall-Street.com LLC, 586 U.S. ___, the Court resolved a circuit split over when...more

Ladas & Parry LLP

SCOTUS Holds Large Copyright Costs Award In Rimini Street v. Oracle Is Not Permissible

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Yesterday, the Supreme Court of the United States overturned the decision of the Ninth Circuit Court in Rimini Street, Inc. et al v. Oracle USA, Inc. et al to award damages for costs in the amount of $12.8 million in a...more

Littler

U.S. Supreme Court Forecloses the Liability of Foreign Corporations Under the Alien Tort Statute

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On April 24, 2018, in a 5-4 decision, the U.S. Supreme Court held that foreign corporations cannot be sued in the United States under the Alien Tort Statute, 28 U.S.C. § 1350 ("ATS"). ...more

Hogan Lovells

Foreign corporations cannot be sued under the Alien Tort Statute – Jesner v Arab Bank: the verdict

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The Supreme Court of the United States (SCOTUS) has ruled in the case of Jesner v Arab Bank. On a 5:4 majority, the court ruled that foreign corporations are excluded from the scope of the Alien Tort Statute (ATS). ...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Murphy v. Smith, No. 16-1067

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On February 21, 2018, the United States Supreme Court decided Murphy v. Smith, No. 16-1067, holding that when a prisoner receives a judgment under certain civil rights statutes, the district court must apply as much of the...more

Payne & Fears

Key California Employment Law Cases: June 2017

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This month’s key California employment law cases involve civil procedure (class and representative actions) and wage and hour (retaliation) issues....more

Proskauer - Minding Your Business

The Supreme Court Says “Game Over” to Crafty Gamers’ Attempt to Circumvent Class Certification Appeals

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The Xbox 360 is designed for gaming. Appellate litigation, gamers learned, is not. On behalf of a putative class of purchasers of the Xbox 360, a group of gamers brought suit alleging a defect with the consoles. After the...more

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