Fair use in publications

I am familiar with what the US Code says about copyright and fair use, and am specifically interested in actual practice regarding academic publications which use small amount (under 10% of the original) of a protected work, without obtaining permission. Specifically, I would like to know if an infringement suit has ever been successful when the amount of copying has been under the prevailing "substantiality" threshhold, and the copying was in an academic publication. I'm not asking what might happen or whether I should ask permission. U.S. cases and non-U.S. cases would be relevant (to the extent that "fair use" concepts exist in other systems). Alternatively, if you know of a case where the copier prevailed specifically because the use was in an academic publication, that would be relevant.