Dream Games of Arizona, Inc. v. Pc Onsite

MEMORANDUM

PC Onsite appeals the district court’s denial of its motion under Federal Rule of Civil Procedure 60(b) seeking reconsideration of the court’s decision awarding attorney fees to Dream Games of Arizona. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

PC Onsite sought reconsideration on the ground that the attorney fee award was void under Rule 60(b)(4), but this provision “applies only in the rare instance where a judgment is premised either on a certain type of jurisdictional error or on a violation of due process that deprives a party of notice or the opportunity to be heard.” United Student Aid Funds, Inc. v. Espinosa, — U.S. -, 130 S.Ct. 1367, 1377 , 176 L.Ed.2d 158 (2010). PC Onsite does not assert any due process violation. Its only jurisdictional argument is that the district court erred by awarding attorney fees in the absence of an explicit jury finding that PC Onsite commenced infringement after Dream Games registered for copyright protection on November 27, 2002. The Copyright Act, 17 U.S.C. § 412 , “precludes an award of attorneys’ fees if the copyrighted work is not registered prior to the commencement of the infringement, unless the…