08-2257, 08-3979 & 08-4176 HyperQuest, Inc. v. N’Site Solutions, Inc.

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Copyright
Attorney fees

The prevailing party in a copyright action was properly awarded attorney fees, although the suit was filed in good faith.

“HyperQuest acknowledges that it is not easy to overturn an award of fees. It asserts, however, that the award is tainted by legal error: the district court, it says, applied an irrebuttable presumption in favor of granting fees to these defendants. Moreover, it adds, the district court’s explanation of its decision fell far short of the standards the Supreme Court imposed in Fogerty. See 510 U.S. at 535 n.19. It is referring to the following nonexclusive factors, all of which were highlighted as potentially helpful in guiding the district court’s discretion: ‘frivolousness, motivation, objective unreasonableness (both in the factual and in the legal components of the case) and the need in particular circumstances to advance consideration of compensation and deterrence.’ Id. (internal quotation marks omitted).”

“Although the district court’s explanation could have been more fulsome, HyperQuest has not shown that the court abused its discretion. We accept, as the district court apparently did too, that HyperQuest’s suit was filed in good faith and had some merit. But this does not distinguish it from a great many copyright infringement cases. The district court was satisfied that the defendants were entitled to prevail and had done a good job of litigating the case.”

Affirmed.

08-2257, 08-3979 & 08-4176 HyperQuest, Inc. v. N’Site Solutions, Inc.

Appeals from the United States District Court for the Northern District of Illinois, Shadur, J., Wood, J.

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