Voluntary dismissal of infringement claim did not negate an attorney fee award of over $40,000 for non-infringement counterclaim.

An award of attorney fees based on a John Doe defendant’s counterclaim for non-infringement, which was filed in response to infringement claims brought against him by an adult film producer, was affirmed by the U.S. Court of Appeals for the Ninth Circuit in an unpublished decision even though the film producer had voluntarily dismissed those claims (Strike 3 Holdings LLC v. Doe, March 18, 2021, per curiam).

Case date: 18 March 2021
Case number: No. 20-35196.
Court: United States Court of Appeals, Ninth Circuit

A full summary of this case has been published on Kluwer IP Law.


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