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Intellectual Property Litigation › Appellate Courts › Copyright Infringement

McDermott Will & Schulte

On repeat: Separate accrual rule doesn’t apply to continuing harm from infringing act

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The US Court of Appeals for the First Circuit affirmed a district court’s dismissal of a copyright lawsuit as time barred, finding that the separate accrual rule does not apply to continuing harm from a single infringing act....more

McDermott Will & Schulte

Wrestling with prevailing defendant’s post-trial fee request in copyright dispute

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The US Court of Appeals for the Fifth Circuit affirmed a district court’s denial of attorneys’ fees to the defendant after it prevailed at trial in a copyright infringement suit, concluding that the district court adequately...more

Bennett Jones LLP

Federal Court of Appeal Dismisses Class Action Certification Due To Unavoidable Individualized Inquiries

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In Voltage Pictures v Robert Salna, 2025 FCA 131, the Federal Court of Appeal addressed the preferable procedure criterion in the context of a defendants’ class proceeding. The plaintiffs sought to certify an action against a...more

McDermott Will & Schulte

Untwisting the Fixation Requirement: Flexible Rules on Moveable Sculptures

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The US Court of Appeals for the Ninth Circuit reversed and remanded a district court’s dismissal of a claim of copyright infringement for kinetic and manipulable sculptures, finding that movable structures were sufficiently...more

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