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Laches Petrella v. MGM Copyright

Irwin IP LLP

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

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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

Knobbe Martens

Ninth Circuit Reaffirms Laches as an Equitable Defense in Trademark Cancellation Actions

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In Cosmetic Warriors v. Pinkette Clothing, the Ninth Circuit addressed the availability of laches in trademark infringement and cancellation actions under the Lanham Act. ...more

Miller & Martin PLLC

Be Aggressive, B-E Aggressive – SCOTUS Encourages IP Plaintiffs

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Last week, the U.S. Supreme Court decided two much anticipated intellectual property cases. Supreme Court Rejects Laches in Patent Infringement Cases - The first, SCA Hygiene Products Aktiebolag et al. v. First Quality...more

Knobbe Martens

U.S. Supreme Court Eliminates Laches Defense for Damages in Patent Suits

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The U.S. Supreme Court on Tuesday, March 21, 2017, held in a 7-1 decision that the defense of laches is not available under the Patent Act to bar claims for damages. SCA Hygiene Products Aktiebolag v. First Quality Baby...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

BakerHostetler

“And if You Listen Very Hard” . . . Zeppelin Going to [Trial in] California

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Central District of California Judge Gary Klausner ruled the founders of rock band Led Zeppelin – and more particularly, front men Jimmy Page and Robert Plant – must face a jury trial to determine whether the band’s most...more

Morrison & Foerster LLP

MoFo IP Newsletter - January 2016

Highlights of 2015 and What to Watch in 2016 in The United States - Commil USA, llC v. CiSCo SyStemS, inC. (Supreme Court, may 26, 2015). In May, the Supreme Court held that a good faith belief that an asserted patent...more

Foley & Lardner LLP

En Banc Federal Circuit Preserves The Patent Laches Defense Over Dissent

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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

Womble Bond Dickinson

Federal Circuit Confirms Laches Remains Available in Patent Infringement Actions

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Laches is an equitable defense based on a plaintiff’s unreasonable delay in pursuing a claim. In 2014, the Supreme Court effectively eliminated the laches defense in copyright cases, ruling that the copyright statute allows...more

Snell & Wilmer

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

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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

Kelley Drye & Warren LLP

En Banc Federal Circuit Maintains Laches Defense With Post-Suit Twist (SCA V. First Quality)

Today, in SCA v. First Quality, the Federal Circuit sitting en banc ruled that the equitable doctrine of laches remains a valid defense in patent infringement actions notwithstanding the Supreme Court’s recent decision in...more

Robins Kaplan LLP

Supreme Court’s Footnote About Auckerman in Petrella v. Metro-Goldwyn-Mayer, Inc. Does Not Create New Law: Cordis’s Laches Defense...

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Medinol Ltd., v. Cordis Corporation and Johnson & Johnson Case Number: 1:13-cv-0148-SAS In March, Judge Scheindlin found that laches formed a complete defense for Cordis in this matter. Medinol did not appeal...more

Bradley Arant Boult Cummings LLP

Raging Bull Decision Riles Hollywood, Thrills Plaintiffs

In June, the Supreme Court issued a landmark decision affecting copyright claims and defenses. The copyrighted work at issue was the popular motion picture Raging Bull, in which Robert DeNiro plays famous boxing champion Jake...more

Sheppard Mullin Richter & Hampton LLP

Laches, Statutes of Limitations and Raging Bull: The Supreme Court Re-Emphasizes The Pitfalls Of Delay In Copyright Cases

In Petrella v. Metro-Goldwyn-Mayer, Inc., 572 U.S. __ (2014), the United States Supreme Court addressed the role that the equitable defense of laches – i.e., a plaintiff’s unreasonable and prejudicial delay in commencing suit...more

JAMS

“Raging Bull” Decision Highlights Importance of ADR in Entertainment Disputes

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“Raging Bull” is a classic 1980 motion picture directed by Martin Scorsese and starring Robert De Niro as boxer Jake LaMotta. In the case of Petrella v. Metro- Goldwyn-Mayer, Inc., the United States Supreme Court recently...more

K&L Gates LLP

Raging Bull and Copyright Trolls: The Supreme Court “Knocks Out” The Laches Defense in Copyright Fights

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The 1980 movie classic Raging Bull tells the story of the hard-charging boxer Jake LaMotta, the prizefighter from the Bronx who pulverized opponents and eliminated their defenses in the ring. Just days ago in the biggest ring...more

Foley & Lardner LLP

Petrella v. MGM: Supreme Court Recognizes Limits on Laches

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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

Fenwick & West LLP

Supreme Court's Petrella Decision Eliminates the Laches Defense as an Absolute Bar to Copyright Claims

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In the coming months, authors of copyrighted materials may begin resurrecting long buried works and asserting infringement claims against current users. The doctrine of laches — a plaintiff’s unreasonable delay in bringing...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 &...

Delaying Bull: The Supreme Court Hears The Raging Bull Copyright Laches Case

On January 21, 2014, oral arguments were held in the Supreme Court case of Petrella v. Metro-Goldwyn-Mayer, Inc., which concerned the copyright to the story underlying the film Raging Bull. We previously discussed this case...more

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