Justia Copyright Opinion SummariesArticles Posted in US Court of Appeals for the Fifth Circuit
Energy Intelligence Group, Inc. v. Kayne Anderson Capital Advisors, LP
EIG, publisher of "Oil Daily," filed suit alleging numerous instances of copyright infringement and violations of the Digital Millennium Copyright Act (DMCA) against KA, a boutique investment firm. KA purchased an annual "Oil Daily" subscription for a partner, but the partner routinely shared access with fellow KA employees and other third parties in violation of his subscription agreements and copyright law. The Fifth Circuit held that failure to mitigate is not a complete defense to copyright or DMCA claims for statutory damages; the district court properly denied KA's referral motion; and the district court properly denied KA's post-offer attorney's fees under Rule 68. The court also held that remand was necessary to determine copyright damages because the court could not determine whether the jury intended to award EIG $15,000 per infringed work. Therefore, the court affirmed the district court's denial of KA's 17 U.S.C. 411(b) referral motion; vacated the judgment in full and instated an award of $1,062,500 for EIG's DMCA claims. The court remanded as to copyright damages, attorney's fees, and costs, with the clarification that non-prevailing copyright and DMCA defendants may not recover post-offer attorney's fees under Rule 68. View "Energy Intelligence Group, Inc. v. Kayne Anderson Capital Advisors, LP" on Justia Law
Southern Credentialing Support Services, LLC v. Hammond Surgical Hospital, LLC
Southern Credentialing filed suit claiming that Hammond's ongoing use of credentialing forms infringed Southern Credentialing's copyrights. The district court granted summary judgment as to the existence of the copyrights and infringement, granting damages, attorney's fees and costs, as well as an injunction barring Hammond from infringing the copyrights. Both parties appealed. The Fifth Circuit held that Southern Credentialing has valid copyrights protecting the selection and arrangement of information in its credentialing forms. The court also held that the district court correctly concluded that Hammond infringed valid copyrights of Southern Credentialing and thus the court affirmed the permanent injunction barring future infringement. The court held that 17 U.S.C. 412 bars statutory damage awards when a defendant violates one of the six exclusive rights of a copyright holder preregistration and violates a different right in the same work after registration. In this case, although Southern Credentialing was unable to obtain statutory damages, it has obtained an injunction that will protect against future infringement. Accordingly, the court affirmed in part, reversed in part, and remanded for entry of an amended judgment. View "Southern Credentialing Support Services, LLC v. Hammond Surgical Hospital, LLC" on Justia Law
Motion Medical Technologies, LLC v. Thermotek, Inc.
The Fifth Circuit affirmed the district court's grant of judgment as a matter of law to defendants, concluding that federal law preempted ThermoTek's unfair competition claim and that ThermoTek failed to prove its damages for fraud. ThermoTek designs, manufacturers, and sells the VascuTherm system, which consists of a medical device and specially designed wraps that provide thermal and compression therapy. The court held that the district court did not abuse its discretion in reaching the preemption defense on the merits. On the merits, the court held that federal copyright and patent laws preempted the unfair-competition-by-misappropriation claim. View "Motion Medical Technologies, LLC v. Thermotek, Inc." on Justia Law