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Supreme Court of the United States › Copyright › Attorney's Fees

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Dorsey & Whitney LLP

SCOTUS Agrees to Consider Whether Copyright Act Section 411 Requires an Intent to Defraud

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The U.S. Supreme Court recently granted certiorari to tackle a technical copyright registration question: when a defendant alleges knowing inaccuracies in a copyright registration, does 17 U.S.C. § 411 require referral to the...more

McAfee & Taft

What this year’s Supreme Court opinions mean for you

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2020 was a tumultuous year. And while you were busy shifting to online meetings, implementing new measures to keep employees and customers safe, and otherwise adapting to the challenges created by the coronavirus, the U.S....more

International Lawyers Network

Supreme Court Settles Circuit Split on When a Plaintiff May Sue

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The Supreme Court handed down a unanimous copyright decision in March 2019 with implications for anyone involved in a copyright dispute, as well as for marketers and brands that create and use copyrighted materials. In Fourth...more

McDermott Will & Emery

Plaintiffs Walk Out in Shame After Attorneys’ Fees Award Affirmed

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Addressing the proper analysis for awarding attorneys’ fees and costs under the Copyright Act in the wake of the Supreme Court of the United States’ ruling in Kirtsaeng v. John Wiley & Sons, the US Court of Appeals for the...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

Morrison & Foerster LLP

MoFo IP Newsletter - August 2016

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Supreme Court Abolished Federal Circuit's Test for Willfulness - On June 13, 2016, in Halo Electronics, Inc. v. Pulse Electronics, Inc., 579 U.S. ___ (2016), the Supreme Court unanimously abrogated the Federal Circuit’s...more

McDermott Will & Emery

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

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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

Bradley Arant Boult Cummings LLP

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

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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

Morrison & Foerster LLP - Social Media

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

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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

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

McNees Wallace & Nurick LLC

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

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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

Chambliss, Bahner & Stophel, P.C.

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

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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

Akerman LLP - Marks, Works & Secrets

The Importance of Being Earnest and Objectively Reasonable

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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

Foley Hoag LLP - Making Your Mark

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

Foley Hoag LLP - Making Your Mark on

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

Fish & Richardson

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

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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

Kelley Drye & Warren LLP

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

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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

Skadden, Arps, Slate, Meagher & Flom LLP

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

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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

Snell & Wilmer

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

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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

Faegre Drinker Biddle & Reath LLP

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

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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

Akin Gump Strauss Hauer & Feld LLP

IP Newsflash - September 2014

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Federal Circuit Remands for Reconsideration of $6.6 Million Attorney Fees Award On September 4, 2014, the Federal Circuit remanded a case to the district court to reconsider an attorney fees award in light of the Supreme...more

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