5th Circ. Says Mitigation Not 'Complete Defense' In IP Row

Law360 (January 15, 2020, 8:00 PM EST) -- The publisher of an energy industry newsletter will get another chance to collect damages in a copyright infringement dispute with Kayne Anderson Capital Advisors LP, after the Fifth Circuit on Wednesday determined a jury had been wrongly instructed about how efforts to mitigate the damage should have been taken into account.

In an issue of first impression, a three-judge panel of the Fifth Circuit determined that Energy Intelligence Group Incorporated’s alleged failure to mitigate infringement cannot be a “complete defense” to Kayne Anderson’s liability for damages under the Copyright Act and the Digital Millennium Copyright Act.

In 2017, a jury determined...

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