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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


Loeb & Loeb LLP | USA | 24 May 2012

Design Basics, LLC v. Roersma & Wurn Builders, Inc

District court grants partial summary judgment to plaintiff and strikes defendants’ affirmative defense based on statute of limitations, holding that Copyright Act’s three-year statute of limitations applies from time that plaintiff discovers alleged infringing acts.


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.


McDermott Will & Emery | USA | 30 Jun 2011

Prejudgment interest in copyright infringement suit tracks to date of first infringement

The U.S. Court of Appeals for the Third Circuit affirmed a nearly $20 million verdict in favor of a plaintiff-appellee, finding that an additional award of prejudgment interest should be applied from the date when a fraud that resulted in a copyright infringement began, not when the plaintiff discovered the infringement.


Loeb & Loeb LLP | USA | 25 May 2011

William A. Graham Co. v. Haughey

The Third Circuit held that, in an action brought in 2004 for copyright infringement, where the defendant is found to be liable for copyright infringement dating back to 1992, the court may assess pre-judgment interest against the defendant


McCarthy Tétrault LLP | United Kingdom, Canada | 11 Aug 2010

Limits on contractual limits of liability Part II

While courts have declined to enforce contractual limitation of liability (LOL) clauses that are ambiguous, unconscionable or contrary to public policy, pre-contractual warranties can also undermine the effectiveness of these clauses.


Loeb & Loeb LLP | USA | 19 May 2010

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

Court holds that prejudgment interest is appropriate in this case because it provides full compensation to the plaintiff and acts as a deterrent to willful copyright infringement; court calculates prejudgment interest from the date the infringement began, not the date plaintiff learned of the infringement.


McDermott Will & Emery | USA | 30 Jun 2009

Federal discovery rule governs the accrual of copyright infringement claims

Addressing an issue of first impression, the U.S. Court of Appeals for the Third Circuit held that, for purposes of triggering the three-year statue of limitations (SOL), the federal rule regarding discovery of claim governs the accrual of civil claims brought under the Copyright Act.

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