Davis Polk partner and IP Litigation practice head Ashok Ramani was quoted in Bloomberg Law discussing the Supreme Court’s decision in Warner Chappell Music Inc. v. Nealy.

The article noted that the narrow ruling in this case leaves open a larger question on whether the “discovery rule” applies to copyright claims. Warning not to read too much into the Court’s motivations, Ashok called the Supreme Court a “black box in that regard.”

“I could see some institutional desire for the justices to position themselves to take up the cases before them rather than reaching out and deciding related questions that may arise,” Ashok said. “I don’t think we can assume that they lack the votes to take up that question.”

“Discovery Rule Dodge Puts Justices’ Damages Ruling on Thin Ice,” Bloomberg Law (May 13, 2024)

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