In Interscope v. Leadbetter, another "throwing in the towel" case in which the defendant's right to attorneys fees is at issue, the appeal has been fully briefed.
The Seventh Circuit has held that a copyright defendant is presumptively entitled to attorneys fees where the plaintiff voluntarily dismisses with prejudice, in Rivera v. Jones and, more recently, in Mostly Memories v. For Your Ease ("There is no question that a dismissal with prejudice makes the defendant the prevailing party for purposes of an award of attorney’s fees under § 505. Claiborne v. Wisdom, 414 F.3d 715, 719 (7th Cir. 2005). This is no less true when a case is dismissed because the plaintiff “threw in the towel”—that is, where the dismissal is on the plaintiff’s own motion. Riviera Distributors, Inc. v. Jones, 517 F.3d 926, 928 (7th Cir. 2008)")
Defendant-Appellant's reply brief*
* Document published online at Internet Law & Regulation
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