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Appeals Artificial Intelligence

A&O Shearman

English Court of Appeal makes Emotional Perception neural network hard to patent

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There is no special treatment for neural networks when it comes to UK patenting of computer related inventions. That is the essence of the English Court of Appeal’s conclusion, led by a Judge with a keen interest in computer...more

Foley & Lardner LLP

How to Patent AI-Assisted Inventions: USPTO Guidance Highlights Importance of Understanding the ‘Significant Contributions’...

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The rapid rise of artificial intelligence (AI) has opened up exciting possibilities for innovation, but also uncertainty around who gets credit for inventions developed with the assistance of an AI system. At its core, there...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

The U.S. Copyright Office’s Position on the Copyrightability of Works Made with the Assistance of Generative AI (Part One)

Since the release and popularization of platforms such as Midjourney and DALL-E, the past few years have seen a staggering proliferation of art made using text-to-image models—familiarly known as “AI art.” Tens of millions of...more

Allen Barron, Inc.

The Step Doctrine and How it Applies to IRS, State, and California Tax

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It is important to understand the step doctrine and how it applies to IRS audits and state tax investigations, including California tax audits. The "step doctrine" is a concept not directly found in federal or California...more

King & Spalding

U.S. Fifth Circuit Decides Against Its Proposed Rule Amendment on AI Use in Legal Filings

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On November 22, 2023, the United States Court of Appeals for the Fifth Circuit proposed an amendment to 5th Cir. Rule 32.3 and Form 6, which would have introduced a requirement for attorneys to certify the extent to which...more

Sheppard Mullin Richter & Hampton LLP

Appellate Judge Proposes Possible Use of GenAI for Contract Interpretation – Recognizes That AI Hallucinates but Flesh-And-Blood...

By now, most lawyers have heard of judges sanctioning lawyers for misuse of generative AI, typically for not fact checking the outputs. Other judges have issued local rules governing use of or prohibiting AI. These actions...more

Dechert LLP

Dechert Cyber Bits - Issue 52

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European Parliament Approves EU AI Act - On March 13, 2024, the European Parliament approved the EU Artificial Intelligence Act (“AI Act”). A first of its kind legal framework for AI, the AI Act has extraterritorial effect,...more

Dechert LLP

Dechert Re:Torts - Issue 14

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A Prescription for Liability: Michigan Repeals Flagship Drug Immunity Law - Michigan’s recent repeal of immunity provisions under its Product Liability Act has potentially significant implications for pharmaceutical...more

McDermott Will & Emery

Deception Inspection: Attorney Faces Discipline for Citing Fake Law

The US Court of Appeals for the Second Circuit referred an attorney for potential further disciplinary measures after the attorney cited a nonexistent case created by ChatGPT. Park v. Kim, Case No. 22-2057 (2d Cir. Jan. 30,...more

Holland & Hart - Employers' Lawyers

Business Immigration – Looking Ahead to the 2024 H-1B Cap Lottery and Other Developments Employers Should Watch For

Over the past year the immigration landscape has been shaped by a myriad of factors including mass tech layoffs, the easing of COVID related travel restrictions, and changing employer attitudes regarding remote work.  As we...more

BCLP

Privacy Speaks: A clearer view?

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Clearview AI Inc's successful challenge to the ICO’s £7.5 million fine focused on the limits of the UK GDPR’s jurisdictional reach, succeeding on the grounds that Clearview’s processing activities were outside the scope of...more

Proskauer Rose LLP

UK Tax Round Up - December 2023

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Welcome to December’s edition of our UK Tax Round Up. This month has seen two interesting decisions on the connections needed for amounts to be taxed as employment income, the latest instalment in the BlueCrest partner...more

Seward & Kissel LLP

Employment Litigation Roundup: November 2023

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Ex-employee’s golf outing with customer does not violate non-solicit - An auto parts manufacturer in Michigan sought a preliminary injunction against a former sales employee for violating his restrictive covenants,...more

Bradley Arant Boult Cummings LLP

Artificial Intelligence in the Modern Workplace: Safeguarding Source Code Generated with AI Assistance

Generally, an employer owns all rights in software code created by its employee in the scope of their employment. As outlined in the last edition of this series, this general rule typically applies to independent contractors...more

WilmerHale

PTAB/USPTO Update - August 2023

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USPTO News - On July 11, the USPTO Office of the Chief Economist released the 2022 updates to its Trademark Case Files Dataset and Trademark Assignment Dataset....more

Mintz - Technology, Communications & Media...

What’s New in Wireless - August 2023

The wireless industry has revolutionized the way we connect, from facilitating teleworking, distance learning, and telemedicine to allowing the American public to interact virtually in almost all other aspects of their daily...more

JAMS

Dispute Resolution Planning for Startups in the New Age of Generative AI

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At the time of this writing, generative artificial intelligence (AI) is taking the world by storm, and legal issues abound. Artists are suing AI art-generating companies for copyright infringement. Getty Images is suing for...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s...

On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s (AWF), in a long-awaited decision impacting fair use...more

AEON Law

Patent Poetry: US Supreme Court Declines to Consider Appeal of AI Inventor Decision

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The US Supreme Court has declined to hear a petition on the issue of whether artificial intelligence (AI) can be considered an inventor on a patent. As we discussed in this blog, in 2019 Stephen Thaler sought patent...more

White & Case LLP

UK Supreme Court considers AI inventorship

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On 2 March, the UK Supreme Court heard the arguments in Thaler v Comptroller-General of Patents, Designs and Trademarks, the latest in a growing line of international jurisprudence grappling with issues raised by the use of...more

Kohrman Jackson & Krantz LLP

Biometrics and AI in the Workplace: Boon or Bane?

Technology has brought efficiency into the workplace, but not without legal risk. Employers are increasingly tasking technology to assist with human resource functions, security, and workplace monitoring, all of which can...more

AEON Law

Patent Poetry: Federal Circuit Rules AI Can't Invent

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The Federal Circuit has ruled that only human beings – and not an artificial intelligence (AI) can be considered an “inventor” under US patent law. (We wrote about this issue way back in 2017, by the way…)... ...more

Foley & Lardner LLP

Federal Circuit Rules Inventorship Must Be Natural Human Beings

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The U.S. Court of Appeals for the Federal Circuit recently confirmed in Thaler v. Vidalthat artificial intelligence (AI) agents cannot be listed as an inventor on a patent because the plain text of the Patent Act requires...more

McDermott Will & Emery

Rage against the Machine: Inventors Must Be Human

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The US Court of Appeals for the Federal Circuit found that an artificial intelligence (AI) software system cannot be listed as an inventor on a patent application because the Patent Act requires an “inventor” to be a natural...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - August 2022 #2

PATENT CASE OF THE WEEK - Thaler v. Vidal, Appeal No. 2021-2347 (Fed. Cir. Aug. 5, 2022) - In its only precedential patent decision this week, the Federal Circuit answered a question that had long occupied the musings...more

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