The United States Supreme Court held that attorney's fees are to be awarded to the prevailing party only at the discretion of the court, and that prevailing plaintiffs and prevailing defendants should be treated the same.
Fogerty v. Fantasy, Inc., 114 S. Ct. 1023 (1994).
Intellectual Property - Copyright Act - Copyright Infringement - Attorney's Fees,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol33/iss2/8