SCOTUS Holds That Federal Agencies Cannot Use AIA Post-Grant Reviews
    The Supreme Court of the United States (SCOTUS) found in the matter of Return Mail Inc. v. United States Postal Service that “a federal agency is not a ‘person’ who may petition for post-issuance review” of an issued patent under the America Invents Act (AIA).
    Department of Homeland Security to Complete Forensic Analysis of N.C. Voting Software Failure
    On May 31, 2019, the Department of Homeland Security agreed to renew the North Carolina State Board of Elections’ request to complete a forensic examination of 21 laptops seized from Durham County after voting software malfunctioned during the 2016 presidential election.
    Kansas Hospital to Pay $250,000 to Settle FCA Allegations Regarding EHR Technology
    On May 31, 2019, the U.S. Attorney for the District of Kansas, Stephen McAllister, announced a $250,000 settlement with Coffey Health System after two whistleblowers filed a qui tam suit for violations of the False Claims Act (FCA).
    Premera Blue Cross Agrees to $74 Million Data Breach Settlement
    On May 30, 2019, Premera Blue Cross agreed to pay $32 million to resolve a healthcare data breach lawsuit filed in the U.S. District Court for the District of Oregon, and pledged $42 million to bolster the insurer’s information security program over the next 3 years.
    Ultratec Awarded $5.4 Million in Communication System Patent Dispute
    A judge in the U.S. District Court for the Western District of Wisconsin awarded Ultratec, Inc. $5.4 million in damages in a patent infringement case against defendants Sorenson Communications, Inc. and CaptionCall, LLC.
    Update: Multi-State EMR Data Breach Lawsuit Ends in $900,000 Settlement
    On May 29, 2019, Medical Informatics Engineering Inc. (MIE) reached a settlement under which the medical software company agreed to pay $900,000 to 16 state plaintiffs involved in the data breach lawsuit.
    PA Bucks County Faces Up to $67 Million in Privacy Related Damages After Jury Ruling
    A jury in the U.S. District Court for the Eastern District of Pennsylvania found that Pennsylvania’s Bucks County and its corrections department violated the commonwealth’s Criminal History Record Information Act (CHRIA), which may result in a judgment of up to $67 million in damages.
    CA Court Finds Failure to Comply with Cybersecurity Standards Can Impose FCA Liability
    A judge in the U.S. District Court for the Eastern District of California held in United States ex rel. Markus v. Aerojet Rocketdyne Holdings, Inc., et. al, that a contractor's failure to comply with a government contract's cybersecurity requirements could be deemed “material” and thus impose liability under the False Claims Act (FCA).
    IBM to Pay $14.8 Million to Settle Failed Maryland Health Benefit Exchange Rollout
    On June 14, 2019, the Department of Justice announced a settlement agreement under which IBM and Cúram Software will pay $14.8 million to settle alleged violations of the False Claims Act.
    Touchstone Medical Imaging to Pay $3 Million to Settle HIPAA Data Breach
    Touchstone Medical Imaging agreed to pay $3 million to the U.S. Department of Health and Human Services Office for Civil Rights to settle a data breach that exposed the protected health information of over 300,000 patients, and potentially violated the Health Insurance Portability and Accountability Act Breach Notification Rule.
    Court Issues Final Judgment and Awards $845 Million in Favor of ASML
    The Santa Clara County Superior Court issued a final judgment in favor of ASML Holding N.V., and awarded the Netherlands-based chipmaking company $845 million in the trade secret misappropriation case against hardware and software design firm XTAL, Inc.
    FBI Releases 2018 Internet Crime Report
    On April 22, 2019, the FBI’s Internet Crime Complaint Center (IC3) released the 2018 Internet Crime Report, which highlights the most prevalent internet crime types reported in 2018: non-payment/non-delivery, extortion, and personal data breach.