Whether the judge-made laches-like ownership claim accrual test applies to bar a copyright infringement suit brought within the three-year look-back period prescribed by Congress in section 507(b)

QUESTION PRESENTED An author seeking to recover for copyright infringement must file suit “within three years after the claim accrued.” 17 U.S.C. § 507(b). In Petrella v. MGM, 572 U.S. 663 (2014), this Court held “[t]o the extent that an infringement suit seeks relief solely for conduct occurring within the limitations period,” conduct occurring before the three-year lookback period “cannot be invoked to preclude adjudication of [the] claim.” Jd. at 667. Petitioner authored a unique and colorful swimsuit design in Brazil in 1998. Respondent obtained a copy of the protected work in 2012 and began selling infringing copies in late 2013. Petitioner filed suit for copyright infringement on April 11, 2019. The Second Circuit upheld dismissal of petitioner’s infringement suit because she was aware of respondents’ infringing conduct by at least 2015, three years and five months before filing suit. The Second Circuit applied a judge-made laches-like ownership claim accrual test to reach this outcome, placing it in direct conflict with this Court and its sister circuits. This case presents an ideal vehicle to resolve these conflicts. The Question Presented is: Whether the judge-made laches-like ownership claim accrual test applies to bar a copyright infringement suit brought within the three-year look-back period prescribed by Congress in section 507(b).