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Prevailing Party Attorney's Fees The Copyright Act

McDermott Will & Emery

Go Home: No “Prevailing Party” Status After Voluntary Dismissal Without Prejudice

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The US Court of Appeals for the Eleventh Circuit affirmed a district court’s ruling that a copyright holder’s voluntary dismissal of its claims did not render the defendant a prevailing party entitled to attorneys’ fees under...more

McDermott Will & Emery

Change in Law Leading to Case Dismissal Doesn’t Preclude Attorneys’ Fees

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Addressing the symmetrical fee-shifting provision of the Copyright Act and whether a prevailing defendant was entitled to fees even when the plaintiff moved to dismiss the case in response to a change in law, the US Court of...more

Jones Day

Supreme Court Will Decide Whether “All the Expenses” Includes “Attorneys’ Fees”

Jones Day on

As we wrote previously, the Federal Circuit sitting en banc held that a patent applicant can seek district court review of a PTO rejection of its application without having to pay for the time the PTO’s attorneys spent on the...more

McDermott Will & Emery

Attempts to Hide Settlement Leads to Sanctions and No Award of Attorneys’ Fees

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Addressing the award of attorneys’ fees under the Copyright Act, the US Court of Appeals for the Seventh Circuit affirmed a district court’s finding that a defendant was not the “prevailing party” for purposes of a fee award...more

Jaburg Wilk

The Ninth Circuit Helps Copyright Owners Battle Widespread Infringement in Glacier Films v. Turchin

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On July 24, 2018, the Ninth Circuit issued a decision that can be an important tool to help copyright owners enforce their rights. It’s not unusual for copyright owners to believe that it’s just not worth going after some...more

Buchalter

The Supreme Court Clarifies Standard For Attorney Fee Awards In Copyright Cases

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Copyright infringement litigation has been on the rise in recent years, particularly in the Central District of California, with the apparel industry feeling the brunt of this uptick. In a typical case, a plaintiff alleges...more

McDermott Will & Emery

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

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 § 505, the...more

Manatt, Phelps & Phillips, LLP

Advertising Law - July 2016

Ad Company's Geotargeting Locates a $1M Penalty - InMobi, a Singapore-based mobile advertising company, will pay almost $1 million in civil penalties and implement a comprehensive privacy program to settle charges that...more

Manatt, Phelps & Phillips, LLP

Intellectual Property Law - July 2016

Supreme Court: Status Quo in Cuozzo - Why it matters: On June 20, 2016, the Supreme Court decided Cuozzo Speed Technologies v. Lee, where it rejected challenges to the Patent Trial and Appeal Board (PTAB) inter partes...more

Bradley Arant Boult Cummings LLP

Supreme Court Affirms Discretion to Award Fees in Copyright Suits, But Case Precedence Not Relevant

The Copyright Act states that the trial court “may…award” attorney’s fees to the prevailing party. Legal fees incurred by plaintiffs and defendants alike in copyright and other intellectual property cases can be staggering,...more

McDermott Will & Emery

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

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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

Alston & Bird

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

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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

Ladas & Parry LLP

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

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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

Wilson Sonsini Goodrich & Rosati

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

WilmerHale

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

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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

Fenwick & West LLP

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

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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

Chambliss, Bahner & Stophel, P.C.

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

Foley Hoag LLP - Making Your Mark

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

BakerHostetler

Supreme Court Clarifies Test for Fee-Shifting in Copyright Cases

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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

Genova Burns LLC

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

Genova Burns LLC on

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

Morrison & Foerster LLP

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

Eversheds Sutherland (US) LLP

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

Kelley Drye & Warren LLP

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

Dorsey & Whitney LLP

The U.S. Supreme Court Clarifies Standard for Award of Attorneys’ Fees in Copyright Cases

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On June 16, 2016, the U.S. Supreme Court handed down an important decision regarding when the prevailing party in a copyright lawsuit is entitled to recover attorneys’ fees and costs. The Copyright Act provides that “the...more

WilmerHale

Context Is Everything: Evaluating Different Approaches Toward Attorneys’ Fees Awards Under Copyright Act in Light of Supreme Court...

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The Supreme Court will soon hear oral arguments on standards for awarding attorneys’ fees to the winner of a copyright dispute. Currently there are at least three different test being applied by federal courts. Data analysis...more

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