IP Law News

Fifth Circuit Zaps Damages Award in Hospital Copyright Fight (1)

Jan. 10, 2020, 12:04 AMUpdated: Jan. 10, 2020, 2:30 PM

A Louisiana hospital doesn’t have to pay statutory damages or legal fees for infringing a company’s copyright, the Fifth Circuit ruled, clarifying a federal law that dictates when courts can award such damages.

Cypress Pointe Surgical Hospital used Southern Credentialing Support Services LLC’s healthcare credentialing forms without authorization, the appeals court said. But it overturned a district court’s statutory award and an order that Cypress pay Southern’s legal fees.

The case presented a novel question related to a provision in copyright law that allows courts to award plaintiffs statutory damages—which can range between $750 and $30,000 per infringed work and...

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