June 16, 2016
Today the U.S. Supreme Court issued its second opinion in Kirtsaeng v. John Wiley & Sons, Inc. The Court held that when deciding whether to award attorney’s fees under section 505 to the prevailing party in copyright infringement actions, a district court should give substantial weight to the objective reasonableness of the losing party’s position, while still taking into account all other circumstances relevant to granting fees. This case reaches a result that is comparable to the result reached earlier this week in Halo Electronics, Inc. v. Pulse Electronics, Inc., where the Court likewise rejected a rigid test for awarding enhanced damages in patent cases.
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