Facts

Perfect 10 Inc. filed suit against Google Inc. in 2004, alleging copyright infringement and other claims arising from alleged infringement of its photos, and seeking both injunctive and monetary relief.

In 2010, the Court granted Google's motion for partial summary judgment of safe harbor under the Digital Millennium Copyright Act on Perfect 10's copyright infringement claims against Google's Web Search, Image Search and Blogger services, thereby precluding Perfect 10 from seeking any monetary damages on those claims. Also in 2010, Google defeated Perfect 10's motion for a preliminary injunction, with the Court finding that Perfect 10 was not likely to succeed on the merits of its claims, and that Perfect 10 had failed to demonstrate that it would be irreparably harmed if an injunction did not issue. The Ninth Circuit affirmed the district court's ruling in 2011.

In April 2012, shortly before the close of discovery, Perfect 10 offered to dismiss its case with prejudice in exchange for Google's agreement not to seek attorneys' fees and costs.

Result

Perfect 10's case was dismissed with prejudice at the request of both parties.