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 of how often plaintiffs and defendants receive fee awards in copyright cases and comparisons to patent and trademark law can cast some light on how the Supreme Court looks at this issue.
Originally published in Bloomberg BNA's Patent, Trademark & Copyright Journal - April 8, 2016.
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