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McDermott Will & Emery | USA | 29 May 2014

Copyright statute of limitation trigged on actual or constructive notice

Addressing the issue of accrual of a claim for copyright infringement, the U.S. Court of Appeals for the Second Circuit upheld the lower court’s


White & Case LLP | USA | 21 May 2014

Second Circuit adopts plaintiff-friendly "discovery rule" for copyright infringement claims

The Second Circuit has ruled in Psihoyos v. Wiley & Sons that the "discovery rule" determines when the statute of limitations begins to run in


Loeb & Loeb LLP | USA | 7 Apr 2014

Psihoyos v. John Wiley & Sons, Inc.

Second Circuit adopts "discovery rule" for accrual of copyright infringement claims, affirms dismissal of infringement claims with respect to


Jones Day | USA | 5 Aug 2011

New York district court revives application of "discovery" rule to the statute of limitations for Copyright Act claims in the Second Circuit

Zalewski v. T.P. Builders, Inc., No. 1:10-cv-876 (GLSRFT) (N.D.N.Y. Aug. 02, 2011) may signal a change of course for courts in the Second Circuit on applying the "discovery" rule to the statute of limitations under the Copyright Act.


Loeb & Loeb LLP | USA | 10 Jun 2009

William A. Graham Co. v. Haughey, et al.

Addressing an issue of first impression for the court, the U.S. Court of Appeals for the Third Circuit held that the discovery rule governs the accrual of claims under the Copyright Act, which has a three-year statute of limitations.


Loeb & Loeb LLP | USA | 10 Jun 2009

Broadvision, Inc. v. General Electric Co., et al.

Finding that the U.S. Court of Appeals for the Second Circuit has not addressed whether a claim for copyright infringement accrues under the discovery rule (i.e., when plaintiff knew or should have known of the infringement) or the injury rule (i.e., at the time of infringement), the court adopted the injury rule and held that any claims of copyright infringement by defendant The Medical Protective Company (MedPro) more than three years before the action was filed were time-barred.

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