Kirtsaeng v. John Wiley & Sons

News & Analysis as of

Kirtsaeng v. John Wiley & Sons Inc. - U.S. Supreme Court, June 16, 2016

U.S. Supreme Court holds “objective reasonableness” of losing party’s position is important factor but not controlling one in considering award of attorneys’ fees under Copyright Act. Graduate student Supap Kirtsaeng, a...more

The Kirtsaeng Opinion: Supreme Court Guidance on Attorneys’ Fees Awards in Copyright Cases

Recently, in Kirtsaeng v. John Wiley & Sons, Inc., the U.S. Supreme Court provided substantial guidance in an unsettled area of law by holding that, when deciding whether to award attorneys’ fees under 17 U.S.C. §505, the...more

Kirtsaeng II: Fees in Copyright Cases Depends on Reasonableness of Litigation Position

In Depth - Under 17 USC § 505, a “court may … award a reasonable attorney’s fee to the prevailing party.” However, when deciding whether to award attorneys’ fees under the Copyright Act’s fee-shifting provision, 17 USC...more

Supreme Court Provides Guidance on Attorneys’ Fees in Copyright Infringement Actions

On June 16, 2016, the U.S. Supreme Court issued an opinion in Kirtsaeng v. John Wiley & Sons, Inc., to provide lower courts with guidance regarding the circumstances for awarding attorneys’ fees to a prevailing party in a...more

Supreme Court In Kirstaeng V Wiley: Objective Reasonableness Not Controlling For Attorney Fees

The case of Kirstaeng v. Wiley hit the headlines in 2013 when the Supreme Court held that importation and sale in the United States of books bought from the copyright owner in Thailand was not an infringement of copyright,...more

Supreme Court Injects Uncertainty Into Attorney’s Fee Awards in Copyright Cases

The day after it liberalized the standard for awarding enhanced damages in patent cases, a unanimous Supreme Court, in an opinion authored by Justice Kagan, substantially broadened lower courts’ discretion in granting...more

Supreme Court Provides Guidance on Discretionary Fee-Shifting in Copyright Cases

On June 16, 2016, the U.S. Supreme Court clarified how courts should exercise their discretion to award attorneys' fees to the prevailing party in copyright cases. The Court unanimously held that courts should give...more

Copyright Flash Report: Attorneys' Fees and Pre-1972 Safe Harbor

Objective Reasonableness Must Receive “Substantial Weight” in Copyright Attorney-Fee Shifting Decisions:Kirtsaeng v. John Wiley & Sons, Inc., No. 15-375 (U.S. June 16, 2016) - Kagan, J. In a unanimous decision, the...more

Litigation Alert: U.S. Supreme Court Addresses Attorney’s Fee Awards in Copyright Cases

Last week in Kirtsaeng v. John Wiley & Sons Inc., the Supreme Court held that district courts have wide discretion to grant attorney’s fee awards but should give substantial weight to whether the losing party was objectively...more

High Court Eases Ability to Recover Enhanced Remedies in Patent and Copyright Cases

Within the past week, the U.S. Supreme Court handed down two unanimous rulings that could make it easier for prevailing parties in patent cases to recover enhanced damages and for winning parties in copyright cases to recover...more

The Importance of Being Earnest and Objectively Reasonable

Kirtsaeng v. John Wiley & Sons, Inc. continues to make controlling copyright law, visiting the U.S. Supreme Court for the second time on an issue of great importance to copyright owners and litigants. This time, the issued...more

Kirtsaeng v. Wiley & Sons, Inc.: Supreme Court Sets Standard for Attorney Fee Awards in Copyright Cases

In a unanimous opinion, the U.S. Supreme Court recently held that in considering whether to award attorneys’ fees to a prevailing party as an element of “costs” under the Copyright Act, a court should give substantial weight...more

Objective Reasonableness Can Be Central to Fee-Shifting Analysis in Copyright Cases

In Kirtsaeng v. John Wiley & Sons, Inc., the Supreme Court clarified the test for awarding attorney’s fees when applying the Copyright Act’s discretionary fee-shifting provision, 17 U.S.C. § 505. The Court held that the...more

Supreme Court Clarifies Test for Fee-Shifting in Copyright Cases

The Supreme Court on June 16 issued a unanimous ruling clarifying the test for awarding attorneys’ fees to successful copyright litigants. The decision, in Kirtsaeng v. John Wiley & Sons, Inc., is sure to have lasting impact...more

Supreme Court Update: Halo Electronics V. Pulse Electronics (14-1513), Kirtsaeng V. John Wiley & Sons, Inc. (15-375), United...

With just two weeks to go before the end of June, the pace of decisions is increasing, and keeping us increasingly busy. We're going to get you almost caught up to speed tonight, with summaries of five of the six decisions...more

U.S. Supreme Court Clarifies Standard for Awarding Attorneys’ Fees to Successful Copyright Litigants.

On June 16, 2016, the U.S. Supreme Court in a unanimous decision, clarified the standard for awarding attorneys’ fees under the Copyright Act. This is the second time the case of Kirtsaeng v. John Wiley & Sons, Inc, No....more

Show Me the Money - Kirtsaeng and Supreme Court Guidance on Attorneys’ Fees Awards in Copyright Cases

WHAT’S NEW - Yesterday, the Supreme Court provided substantial guidance in an unsettled area of law by holding that, in deciding whether to award attorneys’ fees under the Copyright Act’s fee-shifting provision, 17...more

Righting Copyright Wrongs Remains Elusive – Kirtsaeng Leaves Fee Awards to District Court Discretion

On June 16, the U.S. Supreme Court’s decision in Kirtsaeng v. John Wiley & Sons Inc., No. 15-375, resolved a circuit court split by reaffirming the test district courts should use to determine whether to award attorney’s fees...more

“Objective Reasonableness” is a Primary Factor, But Not the Sole Factor, When Determining a Fee Award in a Copyright Case

FACTS: John Wiley & Sons (“Wiley”) filed a lawsuit against Supap Kirtsaeng (“Kirtsaeng”) when it discovered that Kirtsaeng’s family and friends abroad were purchasing Wiley textbooks at a discounted rate and shipping them to...more

The Double-Edged Sword: Supreme Court Holds “Objective Reasonableness” Important But Not Dispositive in Copyright Act Fee Awards

It is a common misperception that a party will automatically recover its attorneys’ fees if it prevails in an action for copyright infringement. First, certain statutory requirements must be met in order to qualify for the...more

The Supreme Court - June 2016 #4

The Supreme Court of the United States issued decisions in three cases on June 16, 2016: Universal Health Services, Inc. v. United States ex rel. Escobar, No. 15-7: Yarushka Rivera, a teenage beneficiary of...more

Intellectual Property Alert: U.S. Supreme Court Rules in Kirtsaeng v. John Wiley & Sons, Inc.

On June 16, 2016, the U.S. Supreme Court ruled in Kirtsaeng v. John Wiley & Sons, Inc., No. 15-375, that it is appropriate for a court to give substantial weight to the reasonableness of a losing party’s position when...more

"Supreme Court Clarifies Standard for Awarding Attorneys’ Fees Under the Copyright Act"

On June 16, 2016, in an 8-0 decision in Kirtsaeng v. John Wiley & Sons, Inc., 579 U.S. __, the U.S. Supreme Court held that when district courts determine whether or not to award discretionary attorney fees to prevailing...more

Supreme Court: Courts Must Take into Account “Relevant Factors” before Awarding Fees in Copyright Cases

Supap Kirtsaeng realized he could buy cheaper, identical textbooks in Thailand and resell them for a profit in the U.S. John Wiley & Sons, the publisher of some of these textbooks, sued him for copyright infringement. ...more

Supreme Court Decides Kirtsaeng v. John Wiley & Sons, Inc.

On June 16, 2016, the U.S. Supreme Court decided Kirtsaeng v. John Wiley & Sons, Inc., No. 15-375, holding that, in assessing whether a prevailing party in copyright litigation should recover its attorneys’ fees, the...more

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