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Strategic Technology Institute, Incorporated v. MGMTL, L.L.C.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 23-30298 · judgment August 27, 2024


Certiorari denied · February 24, 2025
Pre-decision estimate: 5% cert probability

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a business respondent.

Questions presented

  1. Whether the scope of protectable matter in a computer program is a question for the Court, as the First, Second, Third, Fourth, Seventh, Eighth, Tenth, and Federal Circuits have held, or for jury, as the Ninth and Eleventh Circuits and, in the decision below, the Fifth Circuit have held.

  2. Whether a computer program’s menu command hierarchy and input forms are copyrightable.

  3. Whether the fourth fair use factor – “the effect of the use upon the potential market for or value of the copyrighted work” – favors a finding of fair use as a matter of law when there is only one potential buyer – the Government – neither the copyright owner nor the alleged infringer ever sold the copyrighted work, and, as the jury found, the copyright owner suffered no actual harm from the infringement. And, if so, whether the Petitioner’s use was a fair use.

Counsel of record

For petitioner
Micah J. Fincher
Fincher Law

For respondent
Thomas More Flanagan
Flanagan Partners LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 24 2025
    Petition DENIED.
  2. Jan 22 2025
    DISTRIBUTED for Conference of 2/21/2025.
  3. Jan 17 2025
    Waiver of right of respondent MGMTL, LLC to respond filed.
  4. Jan 06 2025
    Petition for a writ of certiorari filed. (Response due February 12, 2025)