2 High Court Decisions Highlight Copyright Act Complexities

Law360 (March 20, 2019, 5:23 PM EDT) -- Patent litigation is known to hold inherent complexities and unpredictability linked with a claim under the Patent Act. Few understand obstacles linked with a claim under the U.S. Copyright Act. On March 4, 2019, via two unanimous decisions from the U.S. Supreme Court, the first delivered by Justice Brett Kavanaugh[1] and the second delivered by Justice Ruth Bader Ginsburg,[2] practitioners were reminded of the unique problems linked with the interpretation of the U.S. Copyright Act.

Rimini Street Inc. v. Oracle USA Inc. 

Designed with built-in fee-shifting provisions, the Copyright Act often rewards holders against infringers. The Copyright Act states “the court...

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