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