Jonathan LA Phillips, Attorney at Law
Illinois IP Attorney

Updates on BitTorrent Suit filings and decisions

Updates concerning suits by Strike 3 Holdings, Malibu Media, Bodyguard Productions, and others.

Hawaiian Courts not keen on attorneys' fees awards

Losing a BitTorrent suit is no joke. Statutory damages start at $750 per work infringed. You may be ordered to pay opposing counsel’s attorneys fees. Those fees can be in the five or six figures. Some courts, though, look at fee requests with a skeptical eye.

The District of Hawaii is just one such Court. And its patience with Bodyguard Productions’ attorney has worn thin. This Opinion suggest large fee awards for defaults in Hawaii may become difficult.

Contrary to Plaintiff’s assertion, it recycles work product and should not be repeatedly compensated for form pleadings and other documents.

The Court has reviewed the motions for early discovery in both cases and finds that they are substantially similar, with many passages copied verbatim from the motions for early discovery in Venice PI. … Even a cursory review of other cases involving Plaintiff’s counsel reveals that he recycles pleadings and motions and continues to engage in this practice.

You can read the District of Hawaii’s Order.