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
Everyone seems to be talking about DeepSeek, and its latest AI technologies. But what is DeepSeek? What has it produced? And why is everyone talking about them? This client update is intended to provide some of the basic...more
2/3/2025
/ Artificial Intelligence ,
China ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Machine Learning ,
Popular ,
Risk Management ,
Risk Mitigation ,
Technology
Can AI be used to draft a patent application? The answer is complicated. The capabilities of AI have been advancing very rapidly, which seems to suggest that it could be possible. For example, at the end of 2024, a leap...more
1/23/2025
/ Artificial Intelligence ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Innovative Technology ,
Intellectual Property Protection ,
Legal Technology ,
Machine Learning ,
Patent Applications ,
Patents ,
USPTO
California’s AB 2013, the “Generative Artificial Intelligence Training Data Transparency Act,” is poised to reshape the landscape for developers of Generative AI (GenAI) systems. Signed into law on September 28, 2024, it sets...more
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