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John Wiley & Sons v Kirtsaeng

By Barry Werbin

On December 21st, Judge Cote (SDNY) denied Kirtsaeng's motion for attorneys' fees following the Supreme Court's reversal of the Second Circuit's prior decision, which had affirmed the District Court's initial rejection of Kirtsaeng's motion. Following a Second Circuit mandate issued on August 26, 2016, vacating the District Court's decision in light of the Supremes' reversal, Judge Cote held that Wiley was reasonable to submit its claims and that the claims were not frivolous. Judge Cote also noted that Wiley had acted in good faith.

The Supreme Court had remanded to ensure that while substantial weight could be given to the reasonableness of Wiley's litigation position, that alone should not be dispositive, and all other relevant factors had to be considered, as articulated in the SCOTUS Fogerty and 16 Casa Duse decisions.

A copy of the decision is attached at John Wiley & Sons v. Kirtsaeng.pdf. It will be interesting to see if Kirtsaeng appeals once again.

And here is new copyright case about the Grinch:

http://www.nytimes.com/2016/12/29/books/matthew-lombardo-sues-dr-seuss-enterprises-whos-holiday-grinch.html?ref=todayspaper​​

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This page contains a single entry from the blog posted on December 24, 2016 4:51 PM.

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