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Baker Botts Comments on Supreme Court ruling in Significant Copyright case Kirtsaeng v. John Wiley & Sons

News Release

DALLAS, June 16, 2016 - Baker Botts L.L.P., a leading international law firm, today provided the following comments on the Supreme Court’s ruling in the copyright caseKirtsaeng v. John Wiley & Sons.

“The Supreme Court decision in Kirtsaeng cleared up what had been viewed as a circuit split on the application of the standard for awarding attorneys fees in copyright litigations,” said Paul Reilly, partner in the firm’s Intellectual Property practice of the Dallas office. “The Court generally sided with the Second Circuit in holding that substantial weight should be given to the objective reasonableness of the losing party’s position, but that it is not controlling and the district courts should also take into account all other relevant factors; as a result, the Court vacated the decision below so that the District Court could take another look at the fee issue in light of its holding.”

Mr. Reilly is the firmwide Trademark chair and focuses his practice on trademark, copyright, trade dress, advertising, branding and unfair competition litigation. To speak to Mr. Reilly, on this or related IP developments, please contact Brecke Latham (

Baker Botts’ IP practice closely monitors changes to the law and rules of practice to relay important implications the developments have on practitioners and IP owners. The group maintains the “Intellectual Property Cases to Watch in 2016,” that provides an outlook on the key issues impacting the industry. Read the full outlook here.


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About Baker Botts LLP
Baker Botts is an international law firm of approximately 725 lawyers practicing throughout a network of 14 offices around the globe. Based on our experience and knowledge of our clients’ industries, we are recognized as a leading firm in the energy and technology sectors. Throughout our 177-year history, we have provided creative and effective legal solutions for our clients while demonstrating an unrelenting commitment to excellence. For more information, please visit

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