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<i>Kirtsaeng</i> Clarifies Attorney's Fees Standard In Copyright Cases, Injects More Uncertainty Into Availability of Fee Awards

By James A. Trigg and Sabina Vayner

Issuing its second decision in Supap Kirtsaeng's long-standing dispute with John Wiley & Sons ' and its first copyright decision in nearly two years ' the U.S. Supreme Court recently clarified the applicable standard for evaluating the appropriateness of an attorney's fee award under Section 505 of the Copyright Act, holding that a district court should give substantial weight to the objective reasonableness of the losing party's position, while also taking into consideration all other circumstances relevant to the attorney's fees inquiry. See, Kirtsaeng v. John Wiley & Sons, Inc., No. 15-375, 579 U.S. ____ (June 16, 2016) (slip opinion).

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