Antonick v. Electronic Arts, Inc.

Petition for certiorari denied on November 6, 2017
Docket No. Op. Below Argument Opinion Vote Author Term
17-168 9th Cir. N/A N/A N/A N/A OT 2017

Issues: (1) Whether, to determine infringement between original and allegedly infringing works of computer code, it is sufficient that the jury, assisted by expert testimony, finds the copyrightable elements to be substantially similar, or conversely, as the U.S. Court of Appeals for the 9th Circuit held, whether expert testimony is prohibited simply because juries assess infringement from the perspective of the “ordinary reasonable person”; and (2) whether, in a case involving computer code where access to the original work is conceded, other reliable proof demonstrates the content, and the defendant does not object under the Federal Rules of Evidence, the factfinder can determine that copying took place, or conversely, as the U.S. Court of Appeals for the 9th Circuit held, whether the Copyright Act mandates that the original and infringing works be in evidence at trial.

SCOTUSblog Coverage

DateProceedings and Orders
Jun 01 2017Application (16A1197) to extend the time to file a petition for a writ of certiorari from June 14, 2017 to July 14, 2017, submitted to Justice Kennedy.
Jun 07 2017Application (16A1197) granted by Justice Kennedy extending the time to file until July 14, 2017.
Jul 10 2017Application (16A1197) to extend further the time from July 14, 2017 to July 28, 2017, submitted to Justice Kennedy.
Jul 14 2017Application (16A1197) granted by Justice Kennedy extending the time to file until July 28, 2017.
Jul 28 2017Petition for a writ of certiorari filed. (Response due September 1, 2017)
Aug 22 2017Order extending time to file response to petition to and including October 2, 2017.
Sep 01 2017Brief amici curiae of Intellectual Property Law Professors filed.
Sep 28 2017Brief of respondent Electronic Arts Inc. in opposition filed.
Oct 11 2017Reply of petitioner Robert Antonick filed.
Oct 18 2017DISTRIBUTED for Conference of 11/3/2017.
Nov 06 2017Petition DENIED. Justice Breyer took no part in the consideration or decision of this petition.
 
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