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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Fee shifting? | 484 comments | Create New Account

Comments belong to whoever posts them. Please notify us of inappropriate comments.

Fee shifting?

Authored by: Steve Martin on Tuesday, May 15 2012 @ 05:36 PM EDT

Doesn't the party that registered copyrights as Oracle purportedly did here get reimbursed for their attorneys fees if they win?

Registration of the copyrights is necessary to have standing to sue in the first place, it has nothing to do with being awarded attorneys' fees. FRCP 54(d) says that costs other than attorneys' fees are normally awarded to the prevailing party, but that a party must file a motion asking for attorneys' fees to be awarded.

---
"When I say something, I put my name next to it." -- Isaac Jaffe, "Sports Night"

[ Reply to This | Parent | # ]

Fee shifting? - Authored by: jvillain on Tuesday, May 15 2012 @ 10:32 PM EDT
- Hitting Boies in the head with the gavel - Authored by: ThrPilgrim on Wednesday, May 16 2012 @ 08:48 AM EDT
And, were those eight test files registered? - Authored by: Ian Al on Wednesday, May 16 2012 @ 03:52 AM EDT

Loser pays

Authored by: cbc on Tuesday, May 15 2012 @ 09:12 PM EDT

Loser pays would reduce the court system workload. Or would
it?
Would a law firm continue, even on contingency to bring suits
if it had to pay the defence costs if it lost?
Defendant may not be willing to risk paying the defense cost,
the penalty, and the cost of prosecution and as a result
settle.
Dilemma.

[ Reply to This | Parent | # ]

Loser pays - Authored by: jmc on Wednesday, May 16 2012 @ 09:49 AM EDT

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