Open models play a crucial role in fostering a diverse and innovative AI ecosystem. But their irrevocable accessibility also presents challenges for preventing downstream misuse—and that has caught the government’s attention....more
9/6/2024
/ Artificial Intelligence ,
Best Practices ,
Biden Administration ,
Executive Orders ,
Governor Newsom ,
NIST ,
NTIA ,
Pending Legislation ,
Proposed Legislation ,
Public Comment ,
Regulatory Agenda ,
Regulatory Oversight ,
U.S. Commerce Department
Every once in a while, the U.S. Court of Appeals for the Federal Circuit handles a trade secrets case. In a decision published Monday, the court reversed the grant of a preliminary injunction relating to insulin pump patches....more
As generative AI gains a foothold in our technology, the first wave of litigation has rippled through the industry, mostly focusing on copyright issues. We expect that plaintiffs will file more lawsuits, if only because that...more
Today, U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal announced a June 18 Women's Entrepreneurship program, an event that follows the launch on May 1 of a National Strategy for Inclusive Innovation (the...more
Artificial intelligence is rapidly reinventing the research and development process, but until recently, patentability remained a major uncertainty. That’s until the United States Patent and Trademark Office stepped in and...more
4/3/2024
/ Artificial Intelligence ,
Copyright ,
Intellectual Property Protection ,
Inventions ,
Inventors ,
Patent Applications ,
Patent Litigation ,
Patents ,
Research and Development ,
Software Patents ,
Technology Sector ,
USPTO
In response to an October Executive Order from the Biden Administration, the United Stated Patent and Trademark Office (USPTO) has released its “Inventorship Guidance for AI-assisted Inventions” (“Guidance”). The Guidance...more
On October 30, 2023, the Biden administration issued a sweeping Executive Order on the Safe, Secure and Trustworthy Development and Use of Artificial Intelligence (the “Executive Order”), which ambitiously directs the...more
11/9/2023
/ Artificial Intelligence ,
Biden Administration ,
Compliance ,
Cybersecurity ,
Executive Orders ,
Innovative Technology ,
Legislative Agendas ,
Machine Learning ,
NIST ,
Popular ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Reporting Requirements ,
Technology Sector
In June 2022, the Court of Appeals of North Carolina granted summary judgment (Elite Vehicles v. Lee) for a trade secret misappropriation defendant after the plaintiff principal admitted in deposition that it was “possible”...more
In This Issue -
Transformative Fair Use: Does Andy Warhol Qualify?
On March 28, 2022, the Supreme Court granted certiorari in Andy Warhol Foundation v. Goldsmith, a case concerning whether Andy Warhol’s use of Lynn...more
8/9/2022
/ Abandonment ,
Appeals ,
Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Fair Use ,
Misappropriation ,
Patent Infringement ,
Patent Litigation ,
Patents ,
SCOTUS ,
The Copyright Act ,
Trade Secrets ,
Trademark Expiration ,
Trademark Litigation ,
Trademarks ,
Transformative Use
Most lawyers know, at least generally, that IP infringement and misappropriation actions are subject to various statutes of limitations. Patent actions need to be brought within six years, copyright actions within three, and...more
In This Issue -
Artificial Intelligence: Deepfakes in the Entertainment Industry —
Advances in “deepfake” media techniques that use deep learning AI—from uncanny impersonation videos of Tom Cruise and other...more
2/1/2022
/ Artificial Intelligence ,
Copyright ,
Copyright Litigation ,
Digital Copies ,
Employees ,
Entertainment Industry ,
Ex Partes Reexamination ,
Expungement ,
Inter Partes Review (IPR) Proceeding ,
Patent Infringement ,
Patent Litigation ,
Prior Art ,
The Copyright Act ,
Trade Secrets ,
Trademark Litigation ,
Trademark Modernization Act (TMA) ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
Illumina has now filed its brief in opposition, completing the certiorari petitions/responses for all parties in the concurrent American Axle and Ariosa patent eligibility cases. True to form, neither of the filings in...more
For more than a decade, this blog has covered the topic of patentable subject matter. Over the years, we’ve addressed various issues regarding business methods, abstract ideas and other various topics. The “laws of nature”...more
On October 23, 2020, a Federal Circuit panel issued a unanimous decision in American Axle & Manufacturing v. Neapco Holdings—a case we’ve discussed on this blog several times before—in which the panel denied American Axle’s...more
Last week, the U.S. Court of Appeals for the Federal Circuit issued its second and third decisions in American Axle & Manufacturing v. Neapco Holdings and Neapco Drivelines, the case we’ve previously discussed in which the...more
The rapid spread of COVID-19 brought about massive global events that led to a dizzying array of changes—including in intellectual property law, shaking up administrative procedures, court rules, and law firm best practices....more
In This Issue -
How COVID-19 is Changing IP Law – What You Need to Know
The rapid spread of COVID-19 brought about massive global events that led to a dizzying array of changes—including in intellectual property law,...more
Under the America Invents Act, the USPTO is to stop accepting petitions for review of covered business method patents after September 16, 2020. Given the various other priorities Congress will be dealing with between now and...more
In 2019, we published analysis to help tech and life sciences companies navigate U.S. tax law changes, an evolving IP landscape and new privacy regulations such as the California Consumer Privacy Act. We also tracked venture...more
1/8/2020
/ ABC Test ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Convertible Debt ,
Corporate Governance ,
Data Privacy ,
Debt Financing ,
Direct Listing ,
Diversity ,
Emerging Technology Companies ,
Employer Liability Issues ,
Foreign Tax Credits ,
Hiring & Firing ,
Independent Contractors ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Internal Revenue Code (IRC) ,
IRS ,
Life Sciences ,
Misclassification ,
New Guidance ,
Pharmaceutical Industry ,
Privacy Laws ,
Proposed Regulation ,
Proxy Season ,
Silicon Valley ,
Startups ,
Tax Credits ,
Tax Cuts and Jobs Act ,
Venture Capital ,
Withholding Tax ,
Woman Board Members
Sharply differing majority and dissenting opinions in the Federal Circuit’s recent American Axle & Manufacturing v. Neapco Holdings decision present yet another case where the Federal Circuit appears to be in need of further...more
As artificial intelligence systems become more prevalent in daily life, efforts to create a unifying set of AI principles have intensified. In the past few months, at least three major works have been published on the issue....more
8/25/2019
/ Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Data Protection ,
Defend Trade Secrets Act (DTSA) ,
Ethics ,
Intellectual Property Protection ,
OECD ,
Patent Act ,
Patents ,
Policy Updates ,
Popular ,
Public Safety ,
Technology Sector ,
Trade Secrets ,
Transparency ,
UTSA
In This Issue -
A Looming AI War: Transparency v. IP Rights -
As artificial intelligence systems become more prevalent in daily life, efforts to create a unifying set of AI principles have intensified. In the past few...more
8/21/2019
/ Artificial Intelligence ,
Attorney's Fees ,
Bayh-Dole Act ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Defend Trade Secrets Act (DTSA) ,
Federal Funding ,
First Amendment ,
Free Speech ,
Iancu v. Brunetti ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Inventions ,
Lanham Act ,
Litigation Fees & Costs ,
Patent Applications ,
Patent Infringement ,
Patent Reform ,
Patent-Eligible Subject Matter ,
Patents ,
Scandalous/Immoral Marks ,
Trademarks
Back in March, I reported on the breadth of comments the USPTO received in response to its new Guidance on patent subject matter eligibility. Now, Congress has taken up the issue with a proposed draft of a new bipartisan,...more
7/1/2019
/ Article III ,
Experimental Use Exception ,
Intellectual Property Protection ,
Legislative Agendas ,
New Guidance ,
Patent-Eligible Subject Matter ,
Patents ,
Proposed Amendments ,
Section 101 ,
Standing ,
USPTO
In January, the USPTO announced it would seek comments on the new Guidance it had published on patent subject matter eligibility. We have previously discussed this Guidance and won’t repeat ourselves here. ...more
My last post focused on definitions for the terms “well-understood,” “routine,” and “conventional”—or W-URC—from the subject matter eligibility test set forth in Mayo and further described in Alice. Those terms relate to one...more