We're Ready To Review Your Legal Matter

We Work With Clients Locally And Globally

US Supreme Court Continues to Take an Interest in IP Cases

The Copyright Act permits the prevailing party of a copyright lawsuit to be awarded reasonable attorney fees, but is silent as to when such an award is appropriate. More than 20 years ago, the Supreme Court set forth "several non-exclusive factors" to consider when awarding attorney fees. Yesterday, in Kirtsaeng v. John Wiley & Sons, Inc., the Supreme Court expanded its guidance holding that lower courts should give "substantial" weight to the "objective (un)reasonableness" of the losing party's litigating position. The justices reasoned that this approach promotes the underlying purpose of the Copyright Act.

The Copyright Act permits the prevailing party of a copyright lawsuit to be awarded reasonable attorney fees, but is silent as to when such an award is appropriate. More than 20 years ago, the Supreme Court set forth "several non-exclusive factors" to consider when awarding attorney fees. Yesterday, in Kirtsaeng v. John Wiley & Sons, Inc., the Supreme Court expanded its guidance holding that lower courts should give "substantial" weight to the "objective (un)reasonableness" of the losing party's litigating position. The justices reasoned that this approach promotes the underlying purpose of the Copyright Act.

You can read the full case here: http://www.supremecourt.gov/opinions/15pdf/15-375_4f57.pdf

No Comments

Leave a comment
Comment Information

Questions?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Email Us For A Response

10801 Mastin Boulevard
Suite 1000
Overland Park, KS 66210

Toll Free: 888-483-2697
Fax: 913-647-9057
Map & Directions