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Hyperqest, Inc. v. N'Site Solutions, Inc., 08-2257

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By FindLaw Staff on January 19, 2011 2:57 PM

Issue of standing in copyright infringement action

Hyperqest, Inc. v. N'Site Solutions, Inc., 08-2257, concerned a challenge to the district court's dismissal of the suit in concluding that plaintiff held only a non-exclusive license and thus lacked statutory standing to sue and a grant of attorneys' fees and costs to defendants, in plaintiff's suit for infringement of certain copyrighted software used to process insurance claims.

In affirming the judgment, the court held that defendants were entitled to judgment in their favor as plaintiff did not have the kind of interest in the software that it needed in order to be entitled to bring this suit for copyright infringement, and as such, as prevailing parties, defendants were entitled to attorneys' fees under section 505 of the Copyright Act.

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