tag:blogger.com,1999:blog-12505562.post115443180484335455..comments2024-03-15T11:42:21.265-04:00Comments on The Patry Copyright Blog: More on LachesWilliam Patryhttp://www.blogger.com/profile/12987498082479617363noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-12505562.post-55670558891964785012008-10-31T11:35:00.000-04:002008-10-31T11:35:00.000-04:00Unfortunately, I am writing an appellate brief for...Unfortunately, I am writing an appellate brief for law school this weekend arguing that laches can apply to copyright infringement claims brought within the S/L period (2 days before expiration). Going up against the Supreme Court precedent is going to be difficult.Atomic40https://www.blogger.com/profile/04989026343532950215noreply@blogger.comtag:blogger.com,1999:blog-12505562.post-1154443447051516312006-08-01T10:44:00.000-04:002006-08-01T10:44:00.000-04:00Amen, again. And for those of you still arguing t...Amen, again. <BR/><BR/>And for those of you still arguing that laches must somehow apply even when a federal s/l exists and has been complied with, please consider the following from the Supreme Court:<BR/><BR/>"If Congress explicitly puts a limit upon the time for enforcing a right which it created, there is an end of the matter. The Congressional statute of limitation is definitive."<BR/><BR/>Hulmberg v. Armbrecht, 66 S.Ct. 582, 584 (1946); see also Oneida County, N.Y. v. Oneida Indian Nation of New York State, 105 S.Ct. 1245, 1266 n.12 (1985) (Stevens, J., concurring and dissenting; noting that because there was no Congressionally-created statute of limitations applicable to the claims at issue, application of laches “would not risk frustrating the will of the Legislature”). <BR/><BR/>How CTA9 can ignore this line of authority (as well as its own consistent precedent) and find laches applicable in copyright cases is beyond me. <BR/><BR/>LKB in HoustonAnonymousnoreply@blogger.com