Davis Polk partner and IP Litigation practice head Ashok Ramani was quoted in Managing IP discussing the Supreme Court decision in Warner Chappell Music v. Nealy. Ashok noted the decision could cause parties to fight over cases that would have otherwise been resolved on motions to dismiss.

“That’s going to introduce a little bit more uncertainty and potentially further expense – especially if you’re defending one of these cases,” he said.

Ashok also mentioned that the justices all appear to agree that whether there’s a discovery rule is an open question for the future. “Presumably it will get [addressed] in the lower courts and maybe, sooner rather than later, make its way up to the Supreme Court,” he said.

“Copyright plaintiffs hoping for big wins after SCOTUS ruling,” Managing IP (May 10, 2024) (subscription required)

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