News & Analysis as of

The Copyright Act Fee Awards

ArentFox Schiff

Federal District Court Declines to Award ‘Bad Faith’ Fees for Party’s Failure to Sufficiently Identify Trade Secrets in Federal...

ArentFox Schiff on

Earlier this year, a federal district court judge in the Western District of North Carolina declined to award “bad faith” attorney’s fees under the Defend Trade Secrets Act (DTSA). See Design Gaps, Inc. v. Hall, No....more

McDermott Will & Emery

Special Report - 2019 IP Law Year in Review - Copyrights

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In many ways, copyright jurisprudence in 2019 was a study in contrasts. While certain cases represented a “back to basics” approach, answering fundamental questions such as “When can a copyright owner sue for copyright...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

Fenwick & West LLP

Top SCOTUS Cases that Matter for Tech, Life Sciences and Games Industries – 2018 Term Preview

Fenwick & West LLP on

As the U.S. Supreme Court kicks off its 2018 term this week, it prepares to take up a series of firsts, including questions about the America Invents Act, securities fraud and privacy-related class action litigation. At the...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

BakerHostetler

Supreme Court Clarifies Test for Fee-Shifting in Copyright Cases

BakerHostetler on

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

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

Dorsey & Whitney LLP

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

Dorsey & Whitney LLP on

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...

WilmerHale on

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

Dorsey & Whitney LLP

The Next Copyright “Fantasy” is Headed to The Supreme Court

Dorsey & Whitney LLP on

The last time the U.S. Supreme Court tackled the issue of attorneys’ fees under the Copyright Act was in Fogerty v. Fantasy. In that case, John Fogerty was sued for alleged copyright infringement over his song “The Old Man...more

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