The 11th Circuit's recent decisions indicate that a defendant can't be labeled as the 'prevailing party' solely based on a plaintiff's voluntary dismissal, regardless of whether it's with or without prejudice.
The Federal Circuit, however, recognizes that voluntary dismissals with prejudice can bestow prevailing party status, which contrasts with its approach to dismissals under Rule 41(a)(1) without prejudice.
The Ninth Circuit's examination revolves around the concept of preclusion, determining prevailing party status based on whether the plaintiff can refile the claim after a dismissal.
This circuit split may impact how attorney fees are awarded, creating uncertainty for potential defendants in copyright cases where voluntary dismissals occur.
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