Thoroughbred Software Int'l, Inc. v. Dice Corp.

Plaintiff-Appellant Thoroughbred Software International, Inc. (hereinafter, “Thoroughbred”) appeals the award of damages and attorney’s fees in a case where the district court found Defendants-Appellees Dice Corporation and Clifford V. Dice (hereinafter, collectively, “Dice Corp.”) liable for copyright infringement. Thoroughbred appeals the district court’s denial of: (1) an award of actual damages for  infringing software that was not used by Dice Corp.’s customers; (2) profits that Dice Corp. earned as a result of the infringement; and (3) attorney’s fees on the ground that Thoroughbred was not a prevailing party. For the following reasons, we REVERSE the district court’s judgment denying actual damages for the unused infringing software; AFFIRM the denial of profits; and VACATE the district court’s denial
of attorney’s fees. We hereby REMAND this action to the district court to enter judgment in favor
of Thoroughbred on its claim for actual damages for the unused infringing software in the amount
of $183,794.25, and to determine whether Thoroughbred, as the prevailing party, is entitled to an
award for attorney’s fees.

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