In early April 2025, a bipartisan group of U.S. Senators reintroduced the Nurture Originals, Foster Art, and Keep Entertainment Safe (NO FAKES) Act, signaling renewed momentum for federal legislation addressing the rise of...more
In a development for state-level AI policy, Virginia Governor Glenn Youngkin has vetoed the "High-Risk Artificial Intelligence Developer and Deployer Act" (HB 2094). The bill, which narrowly passed both chambers of the...more
The case law surrounding patent apportionment has evolved significantly, with the Federal Circuit increasingly scrutinizing patent litigants’ reliance on “comparable licenses” as a means for calculating a reasonable royalty....more
Virginia has become the first state in 2025 to pass comprehensive artificial intelligence regulation, with lawmakers approving the "High-Risk Artificial Intelligence Developer and Deployer Act" (HB 2094). The legislation,...more
Virginia has become the first state in 2025 to pass comprehensive artificial intelligence regulation, with lawmakers approving the "High-Risk Artificial Intelligence Developer and Deployer Act" (HB 2094). The legislation,...more
This Article analyzes over 89,000 patents litigated over a twenty-year period to determine how the number of office actions to allowance during prosecution impacts rates of invalidity during subsequent litigation. Many...more
It is well established that “a petitioner in an inter partes review … is not permitted to assert a ground of unpatentability under 35 U.S.C. § 112.” Dexcowin Golabl, Inc. v. Aribex, Inc., IPR2016-00436, Paper 12 (PTAB July 7,...more
2/4/2025
/ Artificial Intelligence ,
Copyright ,
Data Privacy ,
Data Protection ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Legal Technology ,
Machine Learning ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Regulatory Reform ,
USPTO
Glass Lewis, one of the leading proxy advisory firms, recently updated its policy guidelines for 2025 to include recommendations regarding board oversight of AI. In the new guidelines, Glass Lewis emphasizes the importance of...more
In an era of content creation, social media influencers are tasked with the creative job of building a personal brand to influence the general public’s purchasing decisions and lifestyle choices. Creating a brand identity...more
1/8/2025
/ Artificial Intelligence ,
Brand ,
Claim Construction ,
Copyright ,
Copyright Litigation ,
Data Privacy ,
Influencers ,
Intellectual Property Protection ,
Legal Technology ,
Machine Learning ,
New Legislation ,
Patent Litigation ,
Patents ,
Social Media ,
Subject Matter Jurisdiction ,
Trade Secrets ,
User-Generated Content ,
USPTO
“This status quo cannot continue.” With these words, the UK government has made it clear that changes to the AI regulatory regime are on the horizon. The recently published consultation on AI and copyright underscores how...more
State-level AI regulation remains a dynamic landscape in the US as lawmakers tackle the complex risks posed by modern AI. Two influential 2024 regulations—Colorado's 24-205 (the Consumer Protections for Artificial...more
The recently proposed Transparency and Responsibility for Artificial Intelligence Networks Act ("TRAIN Act") seeks to address the opaque nature of generative AI model training by amending Chapter 5 of Title 17 of the U.S....more
As artificial intelligence continues to advance at a rapid pace, countries around the world are formulating strategies to balance the benefits of generative AI with its potential risks. This post provides an overview of how...more
It is well-established that the availability of a prior art reference is dependent on the “effective filing date” of a patent or patent application. Any practitioner seeking to invalidate a patent knows that the ideal...more
A recent White House memorandum on AI reminds U.S. AI companies that a more measured approach—prioritizing safety, security, and trustworthiness—will yield long-term benefits, especially in light of the evolving regulatory...more
The American Bar Association (ABA) and several state bars have recently issued guidelines on the ethical use of generative artificial intelligence (AI) in legal practice. As AI tools like LLM-based chatbots become more...more
The Office of Management and Budget (OMB) has released Memorandum M-24-18, introducing new requirements and guidance for federal agencies on the responsible acquisition of artificial intelligence (AI). This memorandum aims to...more
10/11/2024
/ Artificial Intelligence ,
Collaboration ,
Emerging Technologies ,
Executive Orders ,
Federal Contractors ,
Governance Standards ,
Government Agencies ,
Interagency Guidance ,
OMB ,
Risk Assessment ,
Risk Management ,
Vendors
In 2023, global investments in energy transition projects surged to approximately $1.7 trillion. This unprecedented investment level underscores the transformative shift toward cleaner energy sources and technologies....more
10/3/2024
/ Alice/Mayo ,
America Invents Act ,
Artificial Intelligence ,
Energy Projects ,
Energy Sector ,
Ex Parte ,
Ex Partes Reexamination ,
FCC ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Inventions ,
Patent Portfolios ,
Patents ,
Robocalling ,
USPTO
Properly pleading inequitable conduct claims is a challenge, a challenge that can be met with early due diligence and attention to detail in your pleading. The leading case that set forth the legal framework for inequitable...more
9/4/2024
/ Artificial Intelligence ,
Demurrers ,
Due Diligence ,
EU ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Inequitable Conduct ,
Innovative Technology ,
Intent ,
Inventions ,
NIST ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Risk Management ,
Software ,
USPTO
On July 26, the National Institute of Standards and Technology (NIST) released four guidance documents related to artificial intelligence (AI) development and implementation....more
Be an Expert: Precedential PTAB Decision on Conclusory Expert TestimonyStutti TilwaA recent precedential decision from the Patent Trial and Appeal Board (“PTAB”) may serve as a warning for those parties who plan on relying on...more
8/2/2024
/ Algorithms ,
Artificial Intelligence ,
Comment Period ,
Design Patent ,
Expert Testimony ,
Expert Witness ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Machine Learning ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Trade Secrets ,
USPTO
Companies deploying and developing Artificial Intelligence (“AI”) face a critical intellectual property dilemma: How should I protect AI trade secrets in a regulatory landscape that demands transparency?...more
8/1/2024
/ Algorithms ,
Artificial Intelligence ,
Confidential Information ,
Corporate Counsel ,
Innovative Technology ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Inventions ,
Machine Learning ,
Regulatory Requirements ,
Trade Secrets