Kirtsaeng v. John Wiley & Sons, Inc.
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 15-375 | 2d Cir. | Apr 25, 2016 | Jun 16, 2016 | 8-0 | Kagan | OT 2015 |
Holding: (1) When deciding whether to award attorney's fees under the Copyright Act’s fee-shifting provision, a district court should give substantial weight to the objective reasonableness of the losing party's position, while still taking into account all other circumstances relevant to granting fees; and (2) while the Second Circuit properly calls for district courts to give "substantial weight" to the reasonableness of a losing party's litigating positions, its language at times suggests that a finding of reasonableness raises a presumption against granting fees, and that goes too far in cabining the district court's analysis.
Judgment: Vacated and remanded, 8-0, in an opinion by Justice Kagan on June 16, 2016.
SCOTUSblog Coverage
- Opinion analysis: Court clarifies availability of fee awards in copyright cases (Ronald Mann, June 16, 2016)
- Argument analysis: Justices worry about amorphous standards for fee awards in copyright cases (Ronald Mann, April 26, 2016)
- Argument preview: “The first thing we do, let’s pay all the lawyers!” – Justices return, again, to standards for ordering attorney’s fees in IP cases (Ronald Mann, April 19, 2016)
| Date | Proceedings and Orders |
|---|---|
| Aug 13 2015 | Application (15A170) to extend the time to file a petition for a writ of certiorari from August 25, 2015 to September 24, 2015, submitted to Justice Ginsburg. |
| Aug 17 2015 | Application (15A170) granted by Justice Ginsburg extending the time to file until September 24, 2015. |
| Sep 24 2015 | Petition for a writ of certiorari filed. (Response due October 28, 2015) |
| Oct 5 2015 | Order extending time to file response to petition to and including November 27, 2015. |
| Nov 24 2015 | Brief of respondent John Wiley & Sons, Inc. in opposition filed. |
| Nov 27 2015 | Letter of Rule 29.6 corporate disclosure statement received from counsel for respondent. |
| Dec 8 2015 | Reply of petitioner Supap Kirtsaing, dba Bluechristine99 filed. (Distributed). |
| Dec 9 2015 | DISTRIBUTED for Conference of January 8, 2016. |
| Jan 11 2016 | DISTRIBUTED for Conference of January 15, 2016. |
| Jan 15 2016 | Petition GRANTED. |
| Feb 11 2016 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| Feb 11 2016 | Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the respondent. |
| Feb 22 2016 | Joint appendix filed. (Statment of costs filed.) |
| Feb 22 2016 | Brief of petitioner Supap Kirtsaeng, dba Bluechristine99 filed. |
| Feb 29 2016 | Brief amicus curiae of Public Knowledge filed. |
| Mar 4 2016 | SET FOR ARGUMENT ON Monday, April 25, 2016 |
| Mar 7 2016 | Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed. |
| Mar 7 2016 | Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed. |
| Mar 14 2016 | Record requested from U.S.C.A. 2nd Circuit. |
| Mar 15 2016 | CIRCULATED. |
| Mar 16 2016 | Record received from the U.S.C.A. 2nd Circuit is electronic. |
| Mar 23 2016 | Brief of respondent John Wiley & Sons, Inc. filed. (Distributed) |
| Mar 30 2016 | Brief amicus curiae of Rimini Street, Inc. filed. (Distributed) |
| Mar 30 2016 | Brief amicus curiae of United States filed. (Distributed) |
| Mar 30 2016 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Mar 30 2016 | Brief amicus curiae of The Copyright Alliance filed. (Distributed) |
| Mar 30 2016 | Brief amicus curiae of Volunteer Lawyers for the Arts, Inc. filed. (Distributed) |
| Apr 8 2016 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Apr 11 2016 | Reply of petitioner Supap Kirtsaeng, dba Bluechristine99 filed. (Distributed) |
| Apr 25 2016 | Argued. For petitioner: E. Joshua Rosenkranz, New York, N. Y. For respondent: Paul M. Smith, Washington, D. C.; and Elaine J. Goldenberg, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) |
| Jun 16 2016 | Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion for a unanimous Court. |
| Jul 18 2016 | JUDGMENT ISSUED |
