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Copyright Litigation › Copyright › Lack of Evidence

McDermott Will & Schulte

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

McDermott Will & Schulte on

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

Hogan Lovells

Ninth Circuit holds that determination of copyright originality ill-suited for disposition on a motion to dismiss

Hogan Lovells on

The Ninth Circuit recently reversed the dismissal of copyright infringement claims in Hall v. Taylor Swift finding a lack of sufficient facts or evidence of record to justify a summary conclusion of lack of originality for...more

Shutts & Bowen LLP

Are Fees Recoverable Automatically When You Make a “Good” Offer of Judgment?

Shutts & Bowen LLP on

Nope. The party seeking fees pursuant to a rejected Rule 68 Offer of Judgment still has the burden of showing a proper offer was made, was served, and was not accepted. After what appears to have been 3+ years of contentious...more

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