Somebody Pays When Case Not Dismissed

by Tamera H. BennettJune 20, 2007

Attorney Michael Young with the IP ADR blog gives us a great look at why it is important for parties in copyright infringement cases submitted to binding arbitration to agree how fees and costs will be allocated for post-arbitration proceedings.

In Brayton Purcell LLP v. Recordon & Recordon, --- F.Supp.2d ---, 2007 WL 1462365 (N.D. Cal., May 18, 2007) (currently available only on Westlaw), the parties submitted to binding arbitration, but did not dismiss the pending suit or make an agreement prior to arbitration or during arbitration as to the allocation of post-arbitration fees and costs. Because the case was not dismissed, the prevailing party in arbitration asked for and was awarded post-arbitration costs and expenses pursuant to 15 U.S.C. sec. 505.