INDYNE, INC., Plaintiff-Appellant, versus ABACUS TECHNOLOGY CORPORATION, JERRY RENINGER, MATTHEW BOYLAN, Defendants-Appellees., 587 Fed. Appx. 552

Summary

HOLDINGS: [1]-An award of reasonable attorney's fees to defendants in plaintiff's copyright infringement case was proper under 17 U.S.C.S. § 505 because plaintiff did not succeed on its infringement claim, its decision to sue despite lacking key evidence was objectively unreasonable, and its motives in bringing suit were questionable; [2]-As plaintiff's appeal was not frivolous, defendant was not entitled to damages under Fed. R. App. P. 38.