Federal Judge Awards $5.6 Million in Attorney Fees to Fenwick IP Litigation Client

April 29, 2015

Fenwick & West IP litigation partner Andrew Bridges was credited and pictured in a story in The Recorder regarding a federal judge ordering Perfect 10 to pay $5.6 million in attorney fees and costs following the dismissal of its copyright infringement lawsuit against Giganews, Inc and Livewire Services, which a team at Fenwick, led by Bridges, represented.

U.S. District Judge Andre Birotte, Jr., of the Central District of California ordered Perfect 10 to pay $5.6 million in attorney fees and costs under the Copyright Act, ruling in agreement with Bridges’ argument that Perfect 10 is “in the business of litigation” rather than copyright protection. 

In awarding the attorney fees over Perfect 10’s protestations, Birotte noted that he hoped awarding such fees under the Copyright Act would deter future serial litigants from filing frivolous suits. 

The lawsuit dated back to April 2011, when Perfect 10 filed suit against the companies for copyright infringement, trademark infringement, trademark dilution, unfair competition and right of publicity. All remaining claims were dismissed last November. 

Ruled Birotte, "The court's decision to award attorneys' fees under the Copyright Act in this action is driven in part by Perfect 10's own conduct (as is the size of the fee award), and the court finds nothing inequitable about imposing it."

The Fenwick litigation team led by Bridges included Ilana Rubel, Jennifer Kelly, Brian Buckley, Joseph Belichick, Todd Gregorian, Kathleen Lu, Liwen Mah, Armen Nercessian, Annasara Purcell and Jennifer Johnson.​

The full article is available through The Recorder’s website (subscription required).