“§ 411(b)(1)(A) of the Copyright Act preserves a registration containing inaccurate information unless the applicant included the information ‘with knowledge that it was inaccurate.’ This Court has held that a good-faith mistake of law may excuse an inaccuracy and that willful blindness may establish knowledge. The first question presented is:”
1. “Whether ‘willful blindness,’ when used to establish the statutory knowledge required by § 411(b)(1)(A), retains the two requirements this Court defined in Global-Tech Appliances, Inc. v. SEB S.A; subjective belief in a high probability of the relevant legal inaccuracy and deliberate action to avoid learning it.”
“The Contract Disputes Act requires a contractor to submit a ‘claim’ to a contracting officer, but it neither defines ‘claim’ nor uses the phrase ‘sum certain.’ The Federal Acquisition Regulation adds a ‘sum certain’ requirement; the Federal Circuit treats that regulatory phrase as a mandatory prerequisite to relief. The second question presented is:”
2. “Whether the Contract Disputes Act authorizes the Federal Acquisition Regulation’s ‘sum certain’ requirement as a mandatory prerequisite to a contractor’s monetary claim.”
