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WILLIAM A. GRAHAM CO. v. HAUGHEY

Nos. 08-2007, 08-2111.

568 F.3d 425 (2009)

WILLIAM A. GRAHAM COMPANY, d/b/a The Graham Company, Appellant v. Thomas P. HAUGHEY; USI Midatlantic, Inc., William A. Graham Company, d/b/a The Graham Company v. Thomas P. Haughey; USI Midatlantic, Inc., Appellant.

United States Court of Appeals, Third Circuit.

Filed: June 5, 2009.

Attorney(s) appearing for the Case

Aleksander J. Goranin, Matthew A. Pearson, David J. Wolfsohn (Argued), Woodcock Washburn, Philadelphia, PA, for Appellant in No. 08-2007 Appellee in No. 08-2111.

Floyd Abrams (Argued), Katherine Vogele, Cahill, Gordon & Reindel, New York, NY, Thomas E. Zemaitis, Pepper Hamilton, Philadelphia, PA, for Appellee in No. 08-2007 Appellant in No. 08-2111.

Jason R. Heller, Cahill, Gordon & Reindel, New York, NY, Matthew R. Skolnik, Bazelon, Less & Feldman, Philadelphia, PA, for Appellant in No. 08-2111.

Before: SCIRICA, Chief Judge, SLOVITER, and HARDIMAN, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

We face an issue of first impression for this court—whether the discovery rule or the injury rule governs the accrual of claims under the Copyright Act, which has a three-year statute of limitations for civil actions, 17 U.S.C. § 507(b).

Under the injury rule, a claim accrues, and the statute of limitations begins to run, when the plaintiff suffers...

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