Tennessee IP Law Blog

Digital Drilling Data Sys., L.L.C. v. Petrolink Servs., Inc. , No. 19-20116, 2020 WL 3603953 (5th Cir. July 2, 2020) https://www.drillingpoint.com/p2797/cost-reduction-improving-sweet-spot-coverage/ Topics: Software, Preemption, Data Scraping, Unjust Enrichment, DMCA Takeaways: This 5th Circuit verdict indicates a possible split on the issue of data scraping previously addressed by the 11th Circuit in Compulife v. Newman . Here, Digidrill did not challenge the District Court's holding that the drilling data scraped from their system by Petrolink was un-copyrightable facts so it was not addressed by the 5th Circuit aside from being mentioned in a footnote. But in Compulife , the 11th Circuit found that the insurance pricing data that was scraped individually were publicly available facts, but that in the aggregate was not and that data scraping "limitless amounts" of data may constitute improper means. The data scraping in both of these cases deal with "factual"...

For the first time ever, the Tennessee Supreme Court held oral arguments by video conference last week. This decision is a part of a direct effort by the court to find new ways to continue to conduct court proceedings during the COVID-19 pandemic while protecting the health of litigants, attorneys, judges, and court employees. The first case heard by video conference was Lataisha M. Jackson v. Charles Anthony Burrell et al. , a healthcare liability action. From the TN Courts. Gov Website: "This healthcare liability action arose when the plaintiff, Lataisha Jackson, alleged that an employee, Charles Burrell, at Gould’s Salon Inc. d/b/a Gould’s Day Spa & Salon (“Gould’s”) sexually assaulted her while she was getting a massage.  Ms. Jackson filed claims of vicarious liability, negligence, and negligent supervision, retention, and training against Gould’s.  Gould’s filed a motion for summary judgment claiming, in part, that the negligence claims could not survive because ...