Beruflich Dokumente
Kultur Dokumente
No. 12-2328
ALLORA, LLC,
Plaintiff - Appellee,
and
DONALD A. GARDNER ARCHITECTS, INCORPORATED,
Plaintiff,
v.
CAMBRIDGE BUILDERS OF JOHNSTON COUNTY, INC.,
Defendant - Appellant,
and
BRYAN
GROVER
Denise
Estate
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Malcolm J. Howard,
Senior District Judge. (5:08-cv-00590-H)
Submitted:
Decided:
July 9, 2013
PER CURIAM:
This appeal presents a challenge to an award of attorneys
fees in a copyright infringement case.
I.
As relevant here, Allora, LLC, sued Cambridge Builders of
Johnston County, Inc. (CBJC), in the Eastern District of North
Carolina
for
infringement
of
copyrighted
home
design. 1
appropriate,
but
it
some
of
the
rates
and
hours
CBJC appeals
II.
The Copyright Act provides as follows:
In any civil action under this title, the court in its
discretion may allow the recovery of full costs by or
against any party other than the United States or an
officer thereof. Except as otherwise provided by this
title,
the
court
may
also
award
a
reasonable
attorneys fee to the prevailing party as part of the
costs.
17 U.S.C. 505.
Diamond Star
Factual
judgment
damages awarded.
is
rendered,
regardless
of
the
amount
of
Dept of Health & Human Res., 532 U.S. 598, 603 (2001) (internal
quotation marks omitted).
the
circuits
district
four-prong
court
standard
correctly
for
identified
determining
whether
this
fees
positions
circumstances
deterrence,
advanced,
to
and
advance
(4)
any
(3)
the
considerations
other
need
of
relevant
in
particular
compensation
factor
and
presented.
that
it
had
carefully
considered
all
relevant
its
contrast,
legal
the
and
factual
court
positions
reasoned
that
5
reasonably
CBJCs
utter
sound.
failure
By
to
consider
settlement,
even
after
the
courts
summary
judgment
ruling, shows that it may not have been acting in good faith
in
continuing
number
of
to
CBJCs
litigate.
The
contentions
as
court
also
characterized
questionable
and,
finally,
We
as
for
the
amount
of
fee
award
under
the
Copyright Act, the district court again cited and applied the
correct legal principles.
number
of
hours
reasonably
expended
on
the
litigation
Robinson v. Equifax Info. Servs., 560 F.3d 235, 243-44 (4th Cir.
2009).
The district court proceeded through the relevant factors
with care, delivering a fair assessment of how each weighed in
calculating the ultimate award.
Moreover,
the court did not blindly grant Alloras motion seeking over
$300,000
in
fees
and
costs
but,
rather,
adjusted
the
award
conclusion,
the
district
court
applied
the
lodestar
was familiar with both the pre-trial and trial proceedings and
was thus in the best position to determine a reasonable award
amount -- including with respect to CBJCs primary arguments on
appeal, which relate to the degree of success obtained by Allora
and the adequacy of the evidence supporting the fee petition.
III.
The
Supreme
Court
has
cautioned
that
request
for
make
this
district
reasonable
matter
courts
award
exactly
careful
in
this
that,
we
assessment
case.
The
find
of
no
what
judgment
error
in
constitutes
is
the
a
therefore
affirmed.
AFFIRMED