Nulwer v. Caption Health, Inc. (D. Mass. 22-cv-11956).

  • November 17, 2022

Dr. Bernard Bulwer is a medical author and illustrator who specializes in cardiac ultrasound and echocardiography.  He asserts that Caption Health, which makes and sells artificial intelligence software to be used with ultrasound equipment, placed several of his illustrations in a training handbook for its software, making it available on Caption Health’s website.  He asserts willful copyright infringement, and claims the right to either actual or statutory damages, which are available due to his timely registration of his copyrights.

This highlights the importance of early registration.  As the allegedly misappropriated illustrations are not themselves being sold or offered for sale (instead are used in a training manual), actual damages (which can be Dr. Bulwer’s losses or Caption Health’s profits) may be difficult to prove.  The availability of statutory damages alleviates this problem.

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