Adam Bialek (Partner-New York) and Alexandra Deplas (Associate-New York) co-authored "Should We Worry About a 20-Year-Old Potential Copyright Infringement? Eleventh Circuit Joins Ninth Circuit in Creating Uncertainty," published in the July-August 2023 edition of Wolters Kluwer's Intellectual Property & Technology Law Journal. The article examines how potential infringers may now be held responsible for damages for an unlimited time if a copyright complaint was filed within three years of the discovery of the infringement. Adam and Alexandra address the developing circuit court split regarding damages in claims and discuss the ninth circuit's ruling that if the plaintiff's claims are brought within three years after accrual, the plaintiff is not barred from seeking damages for all acts of infringement. With the eleventh circuit giving deference to that holding, all eyes are now on the Supreme Court to resolve the conflicting decisions regarding the copyright statute of limitations and lookback timing for assessing damages.
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