Welcome to the Akin Intelligence September-October recap. Around the one-year anniversary of the AI Executive Order, the White House announced that agencies had carried out their directives. Members of Congress introduced a...more
12/16/2024
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
China ,
COPPA ,
Department of Energy (DOE) ,
Department of Health and Human Services (HHS) ,
EU ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Interim Final Rules (IFR) ,
National Security ,
NIST ,
Notice of Proposed Rulemaking (NOPR) ,
Semiconductors ,
UK
Welcome to the July edition of Akin Intelligence. This month, United States agencies released several key pieces of artificial intelligence (AI) guidance, including patent eligibility guidance from the United States Patent...more
9/3/2024
/ Artificial Intelligence ,
Bias ,
Deceptive Intent ,
Department of Energy (DOE) ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Equal Employment Opportunity Commission (EEOC) ,
EU ,
FCC ,
Federal Trade Commission (FTC) ,
General Services Administration (GSA) ,
HUD ,
Machine Learning ,
NTIA ,
Patent-Eligible Subject Matter ,
Proposed Rules ,
Regulatory Agenda ,
USPTO
Welcome to the June edition of Akin Intelligence. This month, the General Services Administration (GSA) launched its first AI-focused cohort of Presidential Innovation Fellows (PIF), bringing together experts from across the...more
7/15/2024
/ Artificial Intelligence ,
Clinical Trials ,
Consumer Financial Protection Bureau (CFPB) ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Department of Defense (DOD) ,
EU ,
FCC ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
General Services Administration (GSA) ,
Healthcare ,
Innovation ,
Machine Learning ,
Medicare ,
NIST ,
OSTP ,
Political Advertising ,
Transparency
The United States Patent and Trademark Office (USPTO) and the United Kingdom Intellectual Property Office (UKIPO) have signed a memorandum of understanding (MoU) that outlines a new framework for collaboration between the two...more
Welcome to the April-May edition of Akin Intelligence. This edition is a double header, covering both months as we prepare for the launch of our new AI Hub—a one-stop resource for AI coverage that will launch soon. Starting...more
6/14/2024
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
CFTC ,
Department of Homeland Security (DHS) ,
Draft Guidance ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Know Your Customers ,
Machine Learning ,
Memorandum of Understanding ,
National Science Foundation ,
NIST ,
OMB ,
Risk Management ,
UK ,
USPTO
Welcome to the March edition of Akin Intelligence. This month, the EU AI Act was approved by the European Parliament, moving one step closer to becoming the first major AI law. In the U.S., the DOJ brought criminal charges...more
4/10/2024
/ Artificial Intelligence ,
Biden Administration ,
Commercial Litigation ,
Copyright ,
Corporate Governance ,
Cybersecurity ,
Data Privacy ,
Data Security ,
EU ,
Executive Orders ,
Healthcare ,
Innovative Technology ,
Intellectual Property Protection ,
Legislative Agendas ,
Life Sciences ,
Machine Learning ,
National Security ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
State and Local Government ,
Technology Sector ,
UK
The Eastern District of Texas recently addressed two significant issues related to fair, reasonable and non-discriminatory (FRAND) negotiations under French law; namely, whether: (1) an implementer is entitled to damages...more
2/1/2024
/ Bad Faith ,
ETSI ,
Federal Rules of Civil Procedure ,
Federal Rules of Evidence ,
France ,
FRAND ,
Intellectual Property Protection ,
Negotiations ,
Patent Litigation ,
Standard Essential Patents ,
Standard Setting Organizations
Welcome to the January edition of Akin Intelligence. Artificial Intelligence (AI) remains a key area for state and federal legislators in the new year. State executives and legislators continue to propose AI-related...more
1/29/2024
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Biden Administration ,
Cyber Attacks ,
Employment Discrimination ,
Executive Orders ,
FCC ,
Federal Trade Commission (FTC) ,
Machine Learning ,
OMB ,
Request For Information ,
Software Developers ,
Trump Administration
Welcome to the November edition of Akin Intelligence. Looking back, October 2023 may be remembered as the month when the U.S. government tried to assume the mantle of global leadership on responsible artificial intelligence...more
11/22/2023
/ Artificial Intelligence ,
Biden Administration ,
Bitcoin ,
China ,
Copyright ,
Deep Fake ,
Department of Defense (DOD) ,
Digital Health ,
Disclosure Requirements ,
Energy Sector ,
Executive Orders ,
Export Controls ,
Federal Trade Commission (FTC) ,
Infrastructure ,
Innovation ,
Know Your Customers ,
Medicare ,
Medicare Fraud ,
NIST ,
Notice of Inquiry ,
Proposed Legislation ,
Reporting Requirements ,
Semiconductors ,
U.S. Commerce Department
Welcome to the October edition of Akin Intelligence. We continue to see bipartisan and international interest in artificial intelligence (AI) regulation. In the executive branch, agencies are working towards developing...more
10/19/2023
/ Artificial Intelligence ,
Biden Administration ,
Copyright ,
Copyright Office ,
Cybersecurity ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Healthcare ,
Intellectual Property Protection ,
ISOs ,
Machine Learning ,
National Security ,
National Security Agency (NSA) ,
New Regulations ,
NIST ,
OMB ,
SAG ,
Screenwriters ,
Shareholders ,
USPTO ,
Writers
Welcome to the September edition of Akin Intelligence. As the U.S. Congress reconvenes after the August recess, we continue to see bipartisan interest in artificial intelligence (AI) regulation. In the executive branch,...more
9/18/2023
/ Age Discrimination ,
Artificial Intelligence ,
Biden Administration ,
China ,
Class Action ,
Consumer Financial Protection Bureau (CFPB) ,
Copyright ,
Copyright Office ,
Cybersecurity ,
Deep Fake ,
Department of Defense (DOD) ,
EU ,
Executive Orders ,
Fair Credit Reporting Act (FCRA) ,
Federal Election Commission (FEC) ,
Foreign Investment ,
Healthcare ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
Jurisdiction ,
NDAA ,
Outbound Transactions ,
Preliminary Injunctions ,
Rulemaking Process ,
Securities and Exchange Commission (SEC) ,
Thought Leadership ,
UK ,
USPTO
Welcome back to Akin Intelligence: Hot AI Summer Edition! This month’s newsletter reflects the ongoing and increasing global activity around artificial intelligence (AI), including more proposed AI legislation and court...more
8/15/2023
/ Artificial Intelligence ,
Consumer Protection Laws ,
Cybersecurity ,
Federal Trade Commission (FTC) ,
Innovative Technology ,
Legislative Agendas ,
Machine Learning ,
NIST ,
Proposed Legislation ,
Regulatory Agenda ,
Working Groups
Welcome to the July edition of Akin Intelligence. In this month’s AI news, the U.S. Senate receives member-only briefings on AI, U.S. states continue to debate and legislate on AI issues, the U.S. prepares new AI-related...more
Welcome back to Akin Intelligence!
May featured major congressional hearings and state action in the United States, calls from industry and lawmakers for artificial intelligence (AI) regulation, and significant...more
Disputes as to the licensing of standard-essential patents (SEP) and determination of fair, reasonable and non-discriminatory (FRAND) terms are typically resolved through either negotiation or litigation in national courts....more
In this episode, Akin Gump intellectual property partners Cono Carrano and David Vondle discuss IP disputes at the U.S. International Trade Commission.
Among the topics covered:
- What is Section 337 and what does it mean...more
7/16/2020
/ China ,
Complaint Procedures ,
Coronavirus/COVID-19 ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Section 337 ,
Standard Essential Patents
- On June 22, 2020, the ITC issued a notice extending its COVID-19 Action Plan.
- The ITC entered Phase One of its three-phase plan to reopen to the public.
- The ITC ordered the ITC’s Administrative Law Judges to...more
6/23/2020
/ Administrative Law Judge (ALJ) ,
Coronavirus/COVID-19 ,
Court Schedules ,
Electronic Filing ,
Infectious Diseases ,
International Trade Commission (ITC) ,
Patents ,
Re-Opening Guidelines ,
Remote Proceedings ,
Rules of Practice ,
Section 337
- On May 14, 2020, the ITC extended its COVID-19 Action Plan through July 10, 2020, thereby postponing all in-person hearings in Section 337 investigations until after July 10, 2020.
- Most recently, the ITC had postponed...more
On April 15, 2020... the United States International Trade Commission (ITC) issued a Notice stating that the ITC has extended the ongoing postponement of all in-person hearings (e.g., evidentiary hearings/trials, claim...more
- In response to the COVID-19 outbreak, the United States International Trade Commission (ITC) extended the postponement of all in-person hearings, including all evidentiary hearings/trials, until June 10, 2020.
- The...more
- On April 7, 2020, the ITC overturned a Final ID issued by Chief ALJ Charles E. Bullock. The Final ID found infringement of a SEP by the Respondents’ accused products and recommended the ITC issue the remedy of an exclusion...more
• The International Trade Commission (ITC) can decline to institute an investigation when a complaint fails to state a cognizable claim under Section 337 of the Tariff Act, 19 U.S.C. § 1337 (“Section 337”).
• A decision...more
5/7/2019
/ Antitrust Investigations ,
Appellate Jurisdiction ,
Competition ,
Dietary Supplements ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Final Determinations ,
Food and Drug Administration (FDA) ,
International Trade Commission (ITC) ,
Jurisdiction ,
Lanham Act ,
Patents ,
Pharmaceutical Industry ,
Section 337 ,
Writ of Mandamus
• The Federal Circuit issued a rare precedential decision in an appeal from a trademark- and trade dress-based ITC investigation.
• In its decision, the Federal Circuit reiterated that the act of trademark registration does...more
11/6/2018
/ Appeals ,
Corporate Counsel ,
Final Determinations ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Investigations ,
Likelihood of Confusion ,
Remand ,
Secondary Meaning ,
Trade Dress ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Ownership ,
Trademark Registration ,
Trademarks ,
Vacated
Key Points -
- After the first public hearing by the United States International Trade Commission (“ITC”) in almost a decade, the ITC issued a Limited Exclusion Order (LEO) that excludes the Respondent’s accused...more