United States Sixth Circuit

An award of damages and attorney's fees in a case in which defendant was found liable for copyright infringement of certain business accounting computer software is affirmed in part, and reversed in part and remanded, where: 1) a finding, that there were no actual damages for copies of software that were unused and/or inaccessible to defendant's customers, was erroneous; 2) the district court properly declined to award plaintiff recovery for defendant's profits from the infringing software; and 3) the district court erroneously failed to find that plaintiff was the prevailing party for purposes of evaluating a potential attorney's fees award.

Appellate Information

• Decided 06/14/2007
• Published 06/14/2007

Judges

• Before:  KEITH and COLE, Circuit Judges;  OLIVER, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Lindsey H. Taylor, Carella, Byrne, Bain et al., Roseland, New Jersey, for Appellant.  Scott C. Strattard, Braun Kendrick Finkbeiner, Saginaw, Michigan, for Appellees.   ON BRIEF:  Lindsey H. Taylor, Carella, Byrne, Bain et al., Roseland, New Jersey, for Appellant.  Scott C. Strattard, Timothy S. Arnold, Braun Kendrick Finkbeiner, Saginaw, Michigan, for Appellees.