In a recent Forbes article, Brad Newberg discussed in depth the Supreme Court's recent decision in Petrella v. Metro-Goldwyn-Mayer, Inc., and ways for businesses to adapt in light of the shocking decision. With its decision in Petrella, the U.S. Supreme Court made clear that in the world of copyright infringement litigation, time is not always of the essence. The question presented was simple: "[W]hether the equitable defense of laches (unreasonable, prejudicial delay in commencing suit) may bar relief on a copyright infringement claim brought within § 507(b) [of the Copyright Act]'s three-year statute of limitations period." And the Court's answer was clear: "[C]ourts are not at liberty to jettison Congress' judgment on the timeliness of suit. Laches, we hold, cannot be invoked to preclude adjudication of a claim for damages brought within the three-year window." Yet, the implications of this case going forward are not quite as simple or clear.… Continue Reading