Skilled in the Art With Scott Graham: The Discovery Rule Is Alive and Well, So Long as You Don’t Take the Supreme Court Too Literally + A Former Federal Circuit Clerk Is Nominated to the District Court Bench
Ninth Circuit Judge Kim Wardlaw wrote in Starz v. MGM that if the statute of limitations doesn’t accrue until copyright infringement is discovered, then the three-year damages period shouldn’t start till then either. That sets up a split with the Second Circuit.
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