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Fenwick & West LLP

False Claims of Patent Protection Can Be False Advertising Under Lanham Act

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Patented technologies or features can be valuable selling points, setting your products apart from the competition. But when advertising or marketing materials overstate the scope of patent or other IP rights, they may create...more

King & Spalding

NIST Releases Series of AI Guidelines & Software in Ongoing Response to AI Executive Order

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The U.S. Department of Commerce’s National Institute of Standards and Technology (“NIST”) recently announced the publication of three AI guidelines as well as its release of a software package aimed at helping organizations...more

WilmerHale

NIST Issues New AI Risk Mitigation Guidelines and Software

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On July 26, 2024, the National Institute for Standards and Technology (“NIST”), part of the Department of Commerce, released guidelines, a global engagement plan, and software covering various aspects of AI technology...more

Cooley LLP

California Federal Court Clears Path for Software Developers’ Potential Employment Discrimination Liability

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On July 12, 2024, in a landmark decision, the US District Court for the Northern District of California held that software developer Workday, a human resource management service provider for employers, can be held liable as...more

WilmerHale

USPTO Issues Guidance Update on Subject Matter Eligibility of Artificial Intelligence

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On July 17, 2024, the United States Patent and Trademark Office (USPTO) published guidance regarding the patent subject matter eligibility of claims concerning technology applicable to artificial intelligence (AI)....more

BakerHostetler

USPTO AI Examination Update Provides New Example Cases Analyzing Subject Matter Eligibility Under §101

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In a July 16 press release, The U.S. Patent and Trademark Office (USPTO) announced that it issued a guidance update on “patent subject matter eligibility to address innovation in critical emerging technologies including...more

White & Case LLP

Newly passed Colorado AI Act will impose obligations on developers and deployers of high-risk AI systems

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The Colorado Artificial Intelligence Act will impose mounting obligations on developers and deployers of high-risk AI systems in an effort to protect consumers from discriminatory consequential decisions by such systems....more

Bradley Arant Boult Cummings LLP

Artificial Intelligence in the Modern Workplace: AI Governance for Software Development

This edition of Artificial Intelligence in the Modern Workplace focuses on key issues facing employers whose employees may use artificial intelligence (AI) platforms, such as ChatGPT or GitHub Co-Pilot when developing company...more

Holland & Knight LLP

Generative AI's Output: How Is It Created, and What IP Rights Should It Receive?

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Generative artificial intelligence (AI) first performs broad, deep training on human-created materials, then, when given a prompt, can produce "original" works as output. Examples include ChatGPT (text), Stable Diffusion...more

Fenwick & West LLP

Creativity and Technology: The FTC’s Warning Shot When Creating and Marketing Digital Products Using Artificial Intelligence

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The Federal Trade Commission (FTC) continues to issue guidance on the use of generative artificial intelligence (AI) and the potential regulatory scrutiny facing companies and creators using these new tools in the market....more

Robinson+Cole Data Privacy + Security Insider

CISA Urges Secure by Design for AI Tools

CISA released a blog post last week reminding software designers that artificial intelligence (AI) tools are software and that they “must consider the security of the customers as a core business requirement, not just a...more

Morgan Lewis - Tech & Sourcing

Open-Source Software and Transactional Due Diligence in Light of Recent Advancements in Technology

Open-source software (OSS) representations and warranties are an integral part of the intellectual property (IP) representations and warranties in mergers and acquisitions (M&A) transactions and financings, as M&A transaction...more

Sheppard Mullin Richter & Hampton LLP

Solving Open Source Problems With AI Code Generators - Legal issues and Solutions PART 2 – SOLUTIONS

In Part 1 of this article, I addressed various legal issues that can arise with AI-based code generators. Many of these problems stem from using open source to train the models and the compliance obligations imposed by the...more

Sheppard Mullin Richter & Hampton LLP

Solving Open Source Problems With AI Code Generators - Legal issues and Solutions - PART 1 - LEGAL ISSUES

AI-based code generators are a powerful application of generative AI. These tools leverage AI to assist code developers by using AI models to auto-complete or suggest code based on developer inputs or tests. These tools raise...more

Jones Day

Generative Artificial Intelligence and the Requirements of Open Source Software Licenses

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Recently filed litigation against Microsoft Corporation, GitHub, Inc., and various OpenAI entities ("Defendants") highlights new challenges that generative artificial intelligence ("AI") presents and risks associated with...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - V 4, Issue 4, April 2023

Tech Vendors and Cybersecurity – Are They Responsible? It has long been recommended that when you contract with a technology vendor that you include an indemnity clause in the contract wherein the vendor will indemnify you...more

Sheppard Mullin Richter & Hampton LLP

How Generative AI Generates Legal Issues in the Games Industry

Roblox recently announced that it is working on generative artificial intelligence (AI) tools that will help developers who build experiences on Roblox, to more easily create games and assets. The first two test tools create...more

Venable LLP

Generative AI - Copyright Overview Part 1

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Generative artificial intelligence (AI) is a technology promising to disrupt how artwork is created, software is developed, and text is written. This disruption brings with it a host of new legal questions surrounding...more

Foley & Lardner LLP

Contracting for Artificial Intelligence, Part 1: Introduction

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For years, the world wanted “real” things in their products – like real milk, real cheese, real juice, and real bacon. But then the world changed – now people want more artificial things – artificial meat, artificial furs...more

Womble Bond Dickinson

New AI Tool GPT-3 Ascends to New Peaks, But Proves How Far We Still Need to Travel

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If you want a glimpse of the future, check out how developers are using gpt-3. This natural language processor was trained on parameters ten times greater than its most sophisticated rival and can be used to answer...more

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