Ninth Circuit: Shame On You Productions, Inc. v. Elizabeth Banks

No abuse of discretion in awarding fees to deft in a copyright action, as the claim was denied after an extrinsic review of the scripts, and the plaintiff did not timely provide their script; recent circuit precedent emphasizing the reasonability of the litigating position does not compel the award to be revisited.

State breach of implied contract intermixed with question of infringement, court's non-apportionment of that portion was therefore justified.

No abuse of discretion in the reasonableness of the fees.

Motion for fees timely e-filed, but in the wrong category and then later filed in the correct category was properly considered, as the time limit isn't jurisdictional.

http://cdn.ca9.uscourts.gov/datastore/opinions/2018/06/21/16-55024.pdf