United States First Circuit

Plaintiff's second motion for reconsideration of the district court's grant of defendant's motion for attorneys' fees incurred on appeal for successfully defending a favorable jury verdict in a copyright infringement action is denied where: 1) defendant was a prevailing party for purposes of section 505; 2) plaintiff's argument that fees are barred because defendant failed to timely register the disputed song was fatally underdeveloped and therefore waived; 3) plaintiff's challenge to the reasonableness of the award was undermined, if not forfeited, by its own neglect as the objection was filed thirty-nine days late and the explanation for the late filing lacked the detail and support one would expect under the circumstances; and 4) defendant's motion for sanctions is denied.

Appellate Information

• Decided 12/28/2010
• Published 12/28/2010

Judges

• Array

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Mauricio Hernández Arroyo, Richard H. Reimer