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Copyright Litigation Copyright Fee-Shifting

McDermott Will & Schulte

Wrestling with prevailing defendant’s post-trial fee request in copyright dispute

The US Court of Appeals for the Fifth Circuit affirmed a district court’s denial of attorneys’ fees to the defendant after it prevailed at trial in a copyright infringement suit, concluding that the district court adequately...more

McDermott Will & Schulte

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

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

Akerman LLP - Marks, Works & Secrets

The Importance of Being Earnest and Objectively Reasonable

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

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