A recent The Record story, “After Long Fight, Bratz Case Ends in Zero Damages,” reports that the long-running IP war between Mattel Inc. and MGA Entertainment Inc. over the Bratz line of dolls has ended – for now – with zero damages.  The U.S. Court of Appeals for the Ninth Circuit laid waste to Bratz maker MGA’s $170 million trade secret award – an award procured on retrial after the appeals court wiped out Barbie marker Mattel’s $100 million copyright verdict and constructive trust.

The Ninth Circuit left untouched $137 million in attorney fees and costs award to MGA for defending against Mattel’s copyright claims.  Chief Judge Alex Kozinski wrote trial Judge David Carter had not abused his discretion in awarding them under the Copyright Act, and that it didn’t matter whether Mattel’s claims were brought in good faith.  “At one point, copyright defendant had to show that the plaintiff’s claim was frivolous or made in bad faith in order to be entitled to fees; but no longer,” Kozinski wrote.

The MGA is the largest attorney fee award in a copyright infringement case in U.S. history.