Leisure Concepts Inc v. California Home Spas Inc et al

Filing 85

ORDER GRANTING PLAINTIFF'S MOTION TO VOLUNTARILY DISMISS COPYRIGHT INFRINGEMENT CLAIM - granting 69 Motion to Voluntarily Dismiss its Copyright Infringement Claim. Plaintiffs claim of copyright infringement related to its instruction manual, Count 2, is DISMISSED WITH PREJUDICE. Signed by Judge Rosanna Malouf Peterson. (VR, Courtroom Deputy)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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LEISURE CONCEPTS, INC.,
NO: 2:14-CV-388-RMP
Plaintiff,

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v.
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CALIFORNIA HOME SPAS, INC., a
California corporation doing business
as Covervalet; DISCOUNTER’S
POOL & SPA WAREHOUSE, a
Canadian corporation; and
LITEHOUSE PRODUCTS, LLC., a
Delaware corporation,

ORDER GRANTING PLAINTIFF’S
MOTION TO VOLUNTARILY
DISMISS COPYRIGHT
INFRINGEMENT CLAIM

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Defendants.
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Before the Court is Plaintiff’s Motion to Voluntarily Dismiss its Copyright

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Infringement Claim, ECF No. 69. The Court has reviewed the record and is fully

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informed.

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Plaintiff moves to dismiss the copyright infringement claim alleged in its

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complaint, and is not opposed to this Court dismissing the claim with prejudice.

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See ECF No. 69 at 3. Despite Defendant’s accusations that Plaintiff is acting with

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malicious intent, Defendant does not oppose the Motion. See ECF No. 70 at 2.
ORDER GRANTING PLAINTIFF’S MOTION TO VOLUNTARILY DISMISS
COPYRIGHT INFRINGEMENT CLAIM ~ 1

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Defendant joins in Plaintiff’s request for a voluntary dismissal with

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prejudice but goes beyond responding to the Motion to argue that it should now be

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granted attorney’s fees as the “prevailing party.” Id. at 3-4. In response to

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Defendant’s request for leave to file a motion for attorney’s fees, the Court grants

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Defendant leave to file a motion for attorney’s fees if Defendant has additional

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support for such an award. However, in light of the fact that Defendant states its

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concerns over incurring costs defending this suit, this Court references the

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applicable law here to save Defendant from feeling to need to file motions that are

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likely futile.

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Regarding costs and attorney’s fees, the Copyright Act provides:

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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 attorney’s fee to the prevailing
party as part of the costs.

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17 U.S.C. § 505. The Court’s determination of fees under the Copyright Act is

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only reviewed for an abuse of discretion. See Cadkin v. Loose, 569 F.3d 1142,

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1146-47 (9th Cir. 2009). The Ninth Circuit has determined that “‘a “prevailing

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party” is one who has been awarded some relief by the court.’ The key inquiry is

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whether some court action has created a ‘material alteration of the legal

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relationship of the parties.’” Cadkin v. Loose, 569 F.3d 1142, 1148 (9th Cir. 2009)

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(quoting Buckhannon Bd. & Care Home, Inc. v. W. Va. Dep’t of Health & Human

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Res., 532 U.S. 598, 603-604 (2001)).
ORDER GRANTING PLAINTIFF’S MOTION TO VOLUNTARILY DISMISS
COPYRIGHT INFRINGEMENT CLAIM ~ 2

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Plaintiff voluntarily dismissed its copyright claim allegedly to focus on its

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patent infringement claim due to the insubstantial amount of damages that would

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result if they prevailed on the copyright claim. See ECF No. 77 at 4. Nonetheless,

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Plaintiff argues that its claim was viable and intimately tied to its remaining claim

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for patent infringement. Id at 4, 10. Defendant has not presented any evidence to

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the contrary.

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Defendant still must defend against allegations of patent infringement that

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are associated with the claim that now has been voluntarily dismissed. Therefore,

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the legal relationship of the parties has not been materially altered. The issues

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simply are narrowed as this case progresses.
Accordingly, IT IS HEREBY ORDERED:

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1. Plaintiff’s Motion to Voluntarily Dismiss its Copyright Infringement

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Claim, ECF No. 69, is GRANTED.

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2. Plaintiff’s claim of copyright infringement related to its instruction

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manual, Count 2, is DISMISSED WITH PREJUDICE.
The District Court Clerk is directed to enter this Order and provide copies to
counsel.
DATED this 12th day of February 2016.
s/ Rosanna Malouf Peterson
ROSANNA MALOUF PETERSON
United States District Judge

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ORDER GRANTING PLAINTIFF’S MOTION TO VOLUNTARILY DISMISS
COPYRIGHT INFRINGEMENT CLAIM ~ 3