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Supreme Court Grants Certiorari in Copyright Case Petrella v. Metro-Goldwyn-Mayer, Inc.

October 14, 2013

Blog

Supreme Court Grants Certiorari in Copyright Case Petrella v. Metro-Goldwyn-Mayer, Inc.

October 14, 2013

Back to Fish's Trademark and Copyright Blog

 

On October 1, 2013, the Supreme Court agreed to review the Ninth Circuit’s decision in Petrella v. Metro-Goldwyn-Mayer, Inc., 695 F.3d 946 (9th Cir. 2012), finding that the equitable defense of laches barred a copyright infringement claim brought by the daughter of a deceased writer whose works were the basis for the 1980 film “Raging Bull.”

The question presented to the Supreme Court is whether the non-statutory defense of laches is available without restriction to bar all remedies for civil copyright claims filed within the three-year statute of limitations set forth in the Copyright Act, 17 U.S.C. § 507(b).  The decision should resolve a split among the circuits  as to when the defense is appropriate.  Amicus briefs in support of the petitioner and respondents are due on November 22, 2013, and December 23, 2013, respectively. Stay tuned to this blog for more about the Amicus briefs and the Supreme Court’s opinion as we will be following the case and providing updates as they become available.

The Supreme Court’s Order granting certiorari is here.

Related Tags

copyright
copyright infringement

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Kristen McCallion | Principal

Kristen McCallion is a Principal in the New York office of Fish & Richardson and Chair of the firm’s Copyright Group. Ms. McCallion represents businesses in the consumer products, Internet, media, and interactive entertainment industries in copyright, trademark,...

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