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Thomas S. Ross v. Apple, Inc.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 17-13712 · judgment July 12, 2018


Certiorari denied · December 3, 2018
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

' The Copyright Act grants copyright owners certain exclusive right's, including the rights to reproduce, distribute, and publicly display their copyrighted works. See 17 U.S.C. § 106. Direct copyright infringement occurs when a plaintiff proves ownership of the work at issue, and violation of at least one of the rights established by 17 U.S.C. § 106, 17 U.S.C. § 501(a). This case presents one question concerning the Standard of Review for a Motion of Dismissal in a Copyright Act: Whether the Eleventh Circuit correctly held that granting defendant's Motion for Dismissal was justified even though a) plaintiff proved ownership of copyrights that were the subject of the Complaint, and b) plaintiff alleged at least one violation of his rights established by 17 U.S.C. § 106, 17 U.S.C. § 501(a).

Counsel of record

For petitioner
Thomas S. Ross

For respondent
Catherine Emily Stetson
Hogan Lovells US LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 03 2018
    Petition DENIED.
  2. Nov 13 2018
    DISTRIBUTED for Conference of 11/30/2018.
  3. Nov 07 2018
    Waiver of right of respondent Apple, Inc. to respond filed.
  4. Oct 10 2018
    Petition for a writ of certiorari filed. (Response due November 16, 2018)