Supreme Court of the United States · Official docket →
Robert Stevens, et al. v. CoreLogic, Inc.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-56089 · judgment August 6, 2018
Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition and a Ninth Circuit decision below, and down for a business respondent.
Question presented
Whether, in order to satisfy the mental state requirement of “knowing, or, . . . having reasonable grounds to know” that removal or alteration of copyright management information (“CMI”) in violation of 17 U.S.C. § 1202(b) “will induce, enable, facilitate, or conceal an infringement,” a plaintiff must prove “identifiable” and “likely” future copyright infringement as a result of removal or alteration of CMI, or a “pattern of conduct” or “modus operandi” involving policing infringement by tracking CMI, as the Ninth Circuit held, or whether a plaintiff may instead simply prove that removal or alteration of CMI makes “infringement generally possible or easier to accomplish” without the need for simultaneously proving removal or alteration of CMI resulted in a “particular act of infringement,” as the Register of Copyrights has advocated.
Counsel of record
For petitioner
Joel Benjamin Rothman
SRIPLAW
For respondent
Joseph Charles Gratz
Durie Tangri LLP
Case
Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Amicus briefs
1 cert-stage
Linked docket
18A452
Order
Order list, February 19, 2019 · Certiorari denied
Proceedings
- Feb 19 2019Petition DENIED.
- Feb 07 2019Brief amici curiae of American Photographic Artists and Justice Foundation filed. (Distributed)
- Jan 30 2019DISTRIBUTED for Conference of 2/15/2019.
- Jan 16 2019Waiver of right of respondent CoreLogic, Inc. to respond filed.
- Jan 03 2019Petition for a writ of certiorari filed. (Response due February 8, 2019)
- Nov 02 2018Application (18A452) granted by Justice Kagan extending the time to file until January 3, 2019.
- Oct 25 2018Application (18A452) to extend the time to file a petition for a writ of certiorari from November 4, 2018 to January 3, 2019, submitted to Justice Kagan.