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ARTICLE · 09 MARCH 2010

Supreme Court Decision Alert - March 2, 2010

Mayer Brown
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Today the Supreme Court issued two decisions, described below, of interest to the business community.

United StatesLitigation, Mediation & Arbitration
Andrew Tauber
Andrew Tauber
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Originally published March 2, 2010

Keywords: Supreme Court, subject matter jurisdiction, copyright, Reed Elsevier, Muchnick, Petroleum Marketing Practices Act, Shell Oil, nonrenewal

Today the Supreme Court issued two decisions, described below, of interest to the business community.

Subject-Matter Jurisdiction—Copyright Infringement

Reed Elsevier, Inc. v. Muchnick, No. 08-103 (previously discussed in the March 2, 2009 Docket Report).

The Supreme Court held today that a provision of the Copyright Act which requires authors to register their works before suing for copyright infringement, 17 U.S.C. § 411(a), is not a limitation on the federal courts' subject-matter jurisdiction, but instead merely a "claim-processing rule" setting forth what a copyright holder must do before he or she may file a claim in court. As a result, the Court reinstated a class-action lawsuit over the rights to electronic reproduction of works that were originally licensed only for

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