United States Seventh Circuit

In a suit alleging that a video poker machine sold by defendants infringed upon the plaintiff's copyright for video poker software, denial of defendants' motion for attorney's fees after a voluntary dismissal with prejudice is reversed where defendants were the prevailing party, despite the fact that the judge's ruling was not on the merits and the award of fees was authorized by the Copyright Act.

Appellate Information

• Argued 10/25/2007
• Decided 02/20/2008
• Published 02/20/2008

Judges

• EASTERBROOK, Chief Judge., Before EASTERBROOK, Chief Judge, and RIPPLE and KANNE, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Robert M. Riffle (argued), Elias, Meginnes, Riffle & Seghetti, Peoria, IL, for Plaintiffs-Appellees., James P. Murphy, McAndrews, Held & Malloy, Chicago, IL, Thomas J. Arkell, Dunn, Willard, Arkell & Bugg, Bloomington, IL, for Defendants-Appellants.