At first glance the answer appears to be clearly 'no,' but in the case, the Eleventh Circuit sided with the copyright holder by concluding that the rule permits plaintiffs to recover damages for earlier acts.
The particular dispute focuses on when the 'claim accrued' - with the appellate court holding that the three year timeline does not begin until the owner 'knows or has reason to know she was injured.'
According to First Quality, § 286 of the Patent Act is different because it 'turns only on when the infringer is sued, regardless of when the patentee learned of the infringement.'
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