Share on LinkedInShare on LinkedIn

ARTICLE · 12 APRIL 2016

Context Is Everything: Evaluating Different Approaches Toward Attorneys' Fees

WilmerHale
WilmerHale
Contributor
WilmerHale

WilmerHale

WilmerHale's London office was established more than 40 years ago. With lawyers qualified in the...

View firm profile
Explore more from WilmerHale

This article looks at relevant data for attorneys' fees awards in copyright law and provides a comparison and contrast to the attorneys' fees award standards and considerations in patent and trademark law.

United StatesIntellectual Property
Natalie Hanlon Leh
Natalie Hanlon Leh
Laura Goodall
Laura Goodall
Author LinkedIn connections

The Supreme Court recently granted certiorari to address the circuit splits regarding the appropriate standard for awarding attorneys' fees to prevailing parties in copyright cases.

This article looks at relevant data for attorneys' fees awards in copyright law and provides a comparison and contrast to the attorneys' fees award standards and considerations in patent and trademark law.

Please click here to read the full text of this article

Originally published by BNA's Patent, Trademark & Copyright Journal, April 8, 2016

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters

Read more about

Related Comparative Guides

See more popular content from

Article

UMG v. DistroKid: When AI Becomes A Consumer Protection Issue

Universal Music Group's lawsuit against DistroKid raises a critical question about AI disclosure in consumer markets: when does the use of artificial intelligence become material information that must be disclosed to consumers? The case centers on allegations that DistroKid distributed mass-generated AI music while creating the impression it was created by legitimate human artists, potentially violating existing consumer protection laws even without specific AI disclosure requirements.
United StatesIntellectual Property
Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
Article

The Ninth Circuit Affirms Dismissal Of DMCA CMI Removal Claim Against AI Code Generator – Output Is A New Work Not A Copy Of Training Data

There was a significant ruling in the Doe v. Github case involving training of AI code generator models on open source. The United States Court of Appeals for The Ninth Circuit affirmed the district court ruling dismissing part of an action brought under the Digital Millennium Copyright Act (“DMCA”) by programmers against GitHub, Inc., and other defendants. The issues centered on whether defendants removed copyright management information (CMI) from content used to train the AI code generator models.
United StatesIntellectual Property
Sheppard
Sheppard
Article

Is This Real? Navigating AI Impersonation Under New And Existing Laws

Is this AI-generated, or is it real? As generative AI tools have become increasingly capable of creating realistic images, videos, and audio, they have also made it easier to impersonate real people without their consent. In response, states are increasingly adopting laws that impose civil and criminal liability for certain AI-generated content that replicates an individual’s identity, likeness, voice, or other personal attributes.
United StatesIntellectual Property
Wiley Rein
Wiley Rein
Article

PTAB/USPTO Update - September 2026

The USPTO has released its latest economic impact report on IP-intensive industries, announced a new community engagement office in North Carolina, and issued several administrative updates including relief for Japanese applicants affected by a severe earthquake. The Patent Trial and Appeal Board has also designated new precedential and informative decisions addressing obviousness-type double patenting and Markush groupings.
United StatesIntellectual Property
WilmerHale
WilmerHale
Article

U.S. Government Backs Fair Use For AI Training In OpenAI Copyright Litigation

The U.S. government has filed a Statement of Interest of the United States of America under 28 U.S.C. § 517 in the Southern District of New York multidistrict litigation over OpenAI’s use of copyrighted works to train large language models. The filing appears to be the federal government’s first direct intervention in the wave of artificial intelligence (AI) training copyright cases, and it advises the court to treat model training (separate from use of AI to generate outputs) on copyrighted text standing alone as a highly transformative fair use under current law.
United StatesIntellectual Property
Lowenstein Sandler LLP
Lowenstein Sandler LLP
Article

BMS And Ono File BPCIA Suit Against Amgen For Nivolumab Biosimilar

Bristol-Myers Squibb and Ono Pharmaceutical have filed a patent infringement lawsuit against Amgen over its proposed nivolumab biosimilar ABP 206, asserting seven patents related to OPDIVO. The complaint follows earlier inter partes review challenges and patent dance negotiations that narrowed the dispute to specific claims covering the antibody sequence, cancer treatment methods, and dosing regimens.
United StatesIntellectual Property
Goodwin Procter LLP
Goodwin Procter LLP
Article

PTAB/USPTO Update - September 2026

The USPTO has released its latest economic impact report on IP-intensive industries, announced a new community engagement office in North Carolina, and issued several administrative updates including relief for Japanese applicants affected by a severe earthquake. The Patent Trial and Appeal Board has also designated new precedential and informative decisions addressing obviousness-type double patenting and Markush groupings.
United StatesIntellectual Property
WilmerHale
WilmerHale
Article

Climate Disclosure Update: California Issues Updated Regulations And Guidance For GHG Emissions Reporting

California's Air Resources Board has released significant modifications to its greenhouse gas emissions reporting regulation, deferring the first reporting deadline to November 10, 2026, and clarifying key requirements for companies doing business in California with over $1 billion in annual revenue. The updates provide additional flexibility for 2026 reporting while enforcement of the Climate-Related Financial Risk Act remains paused pending federal litigation.
United StatesEnvironment
WilmerHale
WilmerHale
Article

Recent DOJ Settlements Highlight False Claims Act Scrutiny Of Medicare Advantage Providers

The U.S. Department of Justice has announced three major settlements totaling over $558 million against healthcare providers partnering with Medicare Advantage plans for allegedly submitting false diagnosis codes. These enforcement actions reveal DOJ's intensified scrutiny of risk-sharing payment arrangements between Medicare Advantage plans and healthcare providers, while demonstrating the significant benefits that self-disclosure and cooperation can provide to companies facing potential False Claims Act l
United StatesFood, Drugs, Healthcare, Life Sciences
WilmerHale
WilmerHale
Article

US ITC Seeks Public Comment On Reviving Its Section 338 Reporting Role Following The President’s Use Of Section 338 Tariff Authority

The US International Trade Commission has opened a rare public comment period on how it should fulfill its data collection and reporting obligations under Section 338 of the Tariff Act of 1930, a long-dormant authority recently invoked by the Trump Administration to impose restrictions on Canadian imports. This presents a unique opportunity for companies and stakeholders to shape from the ground up how the Commission interprets discriminatory foreign trade practices, evaluates allegations, and reports findi
GlobalInternational Law
WilmerHale
WilmerHale
Article

Data Centers In Dispute: Contract And Treaty Claims In The Global Build-Out

As investment in data center infrastructure accelerates globally, disputes are emerging from contractual and investment-related risks that commonly accompany large-scale infrastructure projects. This analysis examines the growing wave of contractual claims among owners, contractors, and subcontractors, as well as investment treaty claims that may arise when governmental actions impact overseas data center developments.
United StatesLitigation, Mediation & Arbitration
WilmerHale
WilmerHale
Article

Sports And Gaming Law In The First Half Of 2026: Top Five Developments

The sports and gaming industries are evolving faster than existing legal frameworks can accommodate, creating unprecedented jurisdictional battles, regulatory shifts, and commercial opportunities. From the escalating fight over prediction markets between federal regulators and states to the emergence of responsible gaming as a standalone policy priority, the first half of 2026 has reshaped the legal landscape governing these sectors while raising fundamental questions about innovation, consumer protection
United StatesMedia, Telecoms, IT, Entertainment
WilmerHale
WilmerHale
Article

English Court Of Appeal Approves Choice Of Arbitration As Global (F)RAND Venue For SEP Licensing Disputes When Made By SEP Owners

The English Court of Appeal has endorsed arbitration as an acceptable means of dispute resolution for resolving global (F)RAND disputes when proposed by standard-essential patent owners. This controversial decision effectively compels SEP licensees to arbitrate against their will, based on the principle that where multiple RAND approaches exist, the SEP owner's choice is determinative, creating an inherent asymmetry in the licensing framework.
GlobalIntellectual Property
WilmerHale
WilmerHale
Article

Washington Attorney General Publishes First Data Privacy Report

Washington Attorney General Nick Brown released the state's first Data Privacy Report, examining how the modern data economy incentivizes personal information collection and retention. The report catalogs resulting harms and recommends that lawmakers strengthen privacy protections, enforcement, and public education while highlighting Washington's continued lack of a comprehensive consumer privacy statute despite inspiring other states' privacy laws.
United StatesPrivacy
WilmerHale
WilmerHale
Article

AI And Directors' Duties: Practical Considerations For Boards Of UK Companies

Artificial intelligence is transforming corporate governance, requiring directors to navigate complex oversight challenges as AI systems become embedded across business operations. This article examines how established UK directors' duties apply in the context of AI adoption, exploring the practical implications for board-level decision-making and risk management. Directors must balance AI's strategic opportunities against emerging risks while maintaining effective human oversight and independent judgment.
United KingdomTechnology
WilmerHale
WilmerHale