The Federal Circuit on July 1, 2020, said that a Florida federal court failed to properly consider a patent owner’s history of frivolous litigation when it denied a request for attorneys’ fees from the owner’s latest target. Elec. Commc’n Techs LLC v. ShoppersChoice.com LLC, Fed. Cir., No. 19-2087, 7/1/20.

The Fifth Circuit on June 2, 2020, ruled that Digital Drilling Data Systems can’t pursue copyright claims against a competitor that scraped data from a program built using an open source database, because the program wasn’t effectively secured, and the copied program wasn’t substantially similar. Digital Drilling Data Syst. v. Petrolink Serv. Inc., 5th Cir., No. 19-20116, 7/2/20.

The Precedential Opinion Panel (POP) on July 6, 2020, issued a new decision regarding when the Board can raise new arguments in deciding a motion to amend. Hunting Titan, Inc. v. DynaEnergetics Europe GmbH, IPR2018-00600 (PTAB July 6, 2020) (Paper 67).

The Federal Circuit on July 2, 2020, affirmed Hulu LLC‘s successful challenge to the validity of a database management patent at the Patent Trial and Appeal Board (PTAB). Sound View Innovations LLC v. Hulu LLC, Fed. Cir., No. 19-1865, unpublished 7/2/20.

Senator Tillis speaks on his tenure as Chairman of the Senate Judiciary IP Subcommittee, the need for strong intellectual property protection, Section 101 reform, DMCA review, oversight over the USPTO and the Copyright Office, and more.