Copyright law allows for the prevailing party to recover 'fees' from the losing party. On October 29th, 2009, VTW moved for fees. An award in favor of Vermont Timber Works would allow VTW to collect from Timberpeg the money it spent on legal fees. Not included are the costs of expert witnesses, and the time that VTW employees spent on the case in-house.
VTW won fees at the district court level before, but the 1st Circuit Court of Appeals in Boston overturned the award when it found that a timber frame could infringe on an architectural work. The case was then sent back to the district court for review and trial. Now that VTW has won a jury decision, we can move for fees again. Timberpeg has 30 days to respond and either party can appeal the final decision from the district court, so this case is far from over.
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