2nd Circ. Nixes Reseller's Fee Bid In John Wiley Rights Row

Law360, New York (May 28, 2015, 9:42 PM EDT) -- The Second Circuit on Wednesday declined to award attorneys' fees under the Copyright Act to a man who had been sued by publisher John Wiley & Sons Inc. for reselling foreign editions of its books, in a case that reached the Supreme Court in 2013. 

In a summary order, the Second Circuit said that the district court had the right to deny Supap Kirtsaeng fees after finding that Wiley had pursued an objectively reasonable litigation position in the suit.

“As we explained, the imposition of a fee award against a copyright holder with an objectively reasonable litigation position will generally not...

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