Following the Second Circuit's affirmance of Judge Daniels' grant of summary judgment in the U.S. DaVinci Code case, Brown et al v. Perdue, the inevitable attorney's fee petition was filed. It was recently rejected by Magistrate Judge Fox, here. Given the virulent campaign Perdue mounted in claiming that his books "Daughter of God" and "The DaVinci Legacy" were infringed by Brown's book, it would be easy to forget that Perdue did not initiate the litigation; instead, Brown and Random House did in a declaratory judgment action. Perdue then filed a counterclaim, although in that counterclaim he brought in various motion picture studios who were not party to the DJ action.
Attorney's fees of $310,580.24 were sought, a not particularly large number. Judge Fox's opinion is a pretty straight, by the numbers opinion. He finds Perdue's claims were not objectively unreasonable, and not brought in bad faith. I have my doubts, by hey, that's what it means to be a finder of fact.