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Supreme Court of the United States › Objective Unreasonableness Standard

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 -
Carlton Fields

Form Over Substance? High Court Agrees to Take a Look at an Old Fifth Circuit Rule Requiring Formal Objection

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A recent grant of certiorari will determine whether formality should prevail over the reality of what the trial court unquestionably knows. On June 3, 2019, the Supreme Court granted certiorari in Holguin-Hernandez v. United...more

Buchalter

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

Buchalter on

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

Knobbe Martens

Federal Circuit Review | July 2016

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Obvious Combinations Do Not Need to Be Physically Combinable - In Allied Erecting and Dismantling Co., Inc. v. Genesis Attachments, LLC, Appeal No. 2015-1533, the Federal Circuit affirmed the PTAB’s invalidity finding...more

Bradley Arant Boult Cummings LLP

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

Bradley Arant Boult Cummings LLP on

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

Morrison & Foerster LLP - Social Media on

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

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

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

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

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

Morrison & Foerster LLP

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

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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

Skadden, Arps, Slate, Meagher & Flom LLP

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

Skadden, Arps, Slate, Meagher & Flom LLP on

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

Mintz - Intellectual Property Viewpoints

SCOTUS to Hear a Duo on Willful Patent Infringement

Mintz - Intellectual Property Viewpoints on

On Monday, October 19, 2015, the U.S. Supreme Court granted certiorari to hear two patent infringement cases on the issue of willfulness. The first case is Stryker Corp. v. Zimmer Inc. and the second one is Halo Elecs., Inc....more

McDermott Will & Emery

Poor Litigation Conduct by Prevailing Party Not Enough to Obviate Exceptional-Case Doctrine - Gaymar Indus., Inc. v. Cincinnati...

McDermott Will & Emery on

Addressing the degree to which litigation conduct can preclude the recovery of fees under 35 U.S. C. § 285, the U.S. Court of Appeals for the Federal Circuit vacated the denial of a fee award, finding that sloppy litigation...more

Cranfill Sumner LLP

US Supreme Court Makes it Easier to Bring Claims Against Police Officers

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Last week, in Kingsley v. Hendrickson, the United States Supreme Court changed the law in the 4th Circuit, which includes North Carolina. North Carolina police officers will now work in a world in which it is easier for a...more

Sands Anderson PC

Kingsley v. Hendrickson: Excessive Force is in the Eye of the Objective Beholder

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The Supreme Court of the United States, in Kingsley v. Hendrickson, waded into the metaphysical discussion of what plaintiffs must prove about corrections officers’ state of mind in a lawsuit alleging the officers used...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Kingsley v. Hendrickson

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On June 22, 2015, the U.S. Supreme Court decided Kinsgley v. Hendrickson, No. 13-1175, holding that to prove an excessive force claim, a pretrial detainee need show only that an officer’s deliberate use of force was...more

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