WC Realty has petitioned for certiorari, building upon the Property Matters case, to clarify how voluntary dismissals affect 'prevailing party' status under the Copyright Act. The appeal delineates two major questions: firstly, whether a defendant qualifies as a 'prevailing party' post-voluntary dismissal; the Eleventh Circuit's view restricts this status without a court order. Secondly, it explores the implications of such dismissals in the court's discretion to award attorney fees, highlighting the distinctions with patent law's exceptional case standard.
The Eleventh Circuit has established that defendants cannot achieve ‘prevailing party’ status after a voluntary dismissal unless there’s a judicial action rejecting the claims.
The current petition raises critical questions regarding the implications of voluntary dismissals and how they affect the awarding of attorney’s fees under the Copyright Act.
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