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13 canonical passages across 12 cases, quoted by 267 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Fogerty v. Fantasy, Inc..
| # | Case | Flag | Canonical passage | Citers |
|---|---|---|---|---|
| 1 | Fogerty v. Fantasy, Inc. Anchor | green | “prevailing plaintiffs and prevailing defendants are to be treated alike, but attorney's fees are to be awarded to prevailing parties only as a matter of the court's discretion.” | 85 |
| 2 | Bryant v. Media Right Productions, Inc. | green | “(1) the infringer's state of mind; (2) the expenses saved, and profits earned, by the infringer; (3) the revenue lost by the copyright holder; (4) the deterrent effect on the infringer and third parties; (5) the infringer's cooperation in providing evidence concerning the value …” | 45 |
| 3 | Island Software And Computer Service, Inc. v. Microsoft Corporation | green | “the defendant was actually aware of the infringing activity, or . . . the defendant's actions were the result of 'reckless disregard' for, or 'willful blindness' to, the copyright holder's rights.” | 37 |
| 4 | Bryant v. Media Right Productions, Inc. | green | “(1) the frivolousness of the non-prevailing party's claims or defenses; (2) the party's motivation; (3) whether the claims or defenses were objectively unreasonable; and (4) compensation and deterrence.” | 30 |
| 5 | Broadcast Music, Inc. v. Prana Hospitality, Inc. | green | “courts in this circuit commonly award, in cases of non-innocent infringement, statutory damages of between three and five times the cost of the licensing fees the defendant would have paid.” | 21 |
| 6 | Wal-Noon Corp. v. Hill | green | “there cannot be a valid, express contract and an implied contract, each embracing the same subject matter, existing at the same time.” | 13 |
| 7 | N.A.S. Import, Corporation, Alentino, Ltd. v. Chenson Enterprises, Inc. Shu Chin Chen (A/k/a Margaret Chen) and Ken Lee | green | “need not be proven directly but may be inferred from the defendant's conduct.” | 10 |
| 8 | Clarke v. Frank | green | “the court looks to its own familiarity with the case and . . . its experience generally as well as to the evidentiary submission and arguments of the parties.” | 8 |
| 9 | Richard M. Perlman and Perlman Marketplace Investors v. Samuel Zell | green | “so perlman is a loser on the question whether this was a federal case.” | 4 |
| 10 | Meister v. Regents of University of California | green | “a trial court from considering a non-statutory settlement offer in determining the amount of a reasonable attorney's fee award.” | 4 |
| 11 | Clark v. Sims | green | “because the district court limited appellants' recovery of attorney's fees based on a settlement offer which failed to meet the requirements of rule 68, its decision must be vacated and this case remanded so that the court may reconsider the amount properly awardable.” | 4 |
| 12 | Fitzgerald v. CBS Broadcasting, Inc. | green | “damages are calculated based on the number of copyrighted works and . . .not on the number of incidents of infringement.” | 3 |
| 13 | Omega SA v. 375 Canal, LLC | green | “exceed the . . . infringement upon plaintiff's rights,” | 3 |
A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.