Welcome to Vital Signs, a curated compilation of the latest legal and regulatory developments in digital health. Our lead article reports on recent developments in the U.S. Food and Drug Administration's ("FDA") regulatory...more
7/22/2024
/ Algorithms ,
Artificial Intelligence ,
Cybersecurity ,
Data Protection ,
Department of Justice (DOJ) ,
Digital Health ,
Food and Drug Administration (FDA) ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Innovative Technology ,
Life Sciences ,
Machine Learning ,
Medical Devices ,
Personal Data ,
Pharmacies ,
Popular ,
Telemedicine
Welcome to Vital Signs, a curated compilation of the latest legal and regulatory developments in digital health. Our lead article reports on HHS' recent final rule on the confidentiality of substance use disorder patient...more
3/20/2024
/ Consent ,
Data Privacy ,
Data Security ,
DEA ,
Department of Health and Human Services (HHS) ,
Digital Health ,
Draft Guidance ,
Food and Drug Administration (FDA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Life Sciences ,
Medical Devices ,
OCR ,
Personal Information ,
Popular ,
Risk Management ,
Telehealth
The Background: In response to the Biden administration's "Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence" on October 30, 2023, the U.S. Patent and Trademark Office...more
2/19/2024
/ Artificial Intelligence ,
Biden Administration ,
Executive Orders ,
Intellectual Property Protection ,
Inventions ,
Inventors ,
Joint Inventors ,
New Guidance ,
Patent Act ,
Patent-Eligible Subject Matter ,
Patents ,
Popular ,
Public Comment ,
USPTO
We bring you Vital Signs, a curated, one-stop resource on the most notable digital health law updates from our U.S. and global contributors. In Industry Insights, our lawyers describe the increasingly common regulation of...more
11/27/2023
/ Artificial Intelligence ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Data Privacy ,
Data Security ,
DEA ,
Digital Health ,
Food and Drug Administration (FDA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Life Sciences ,
Machine Learning ,
Popular ,
Public Health ,
Telehealth
We bring you Vital Signs, a curated, one-stop resource on the most notable digital health law updates from our U.S. and global contributors. In Industry Insights, we take an in-depth look at generative artificial intelligence...more
9/15/2023
/ Artificial Intelligence ,
Data Privacy ,
Department of Health and Human Services (HHS) ,
Digital Health ,
End-Users ,
EULA ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Machine Learning ,
OIG ,
Popular ,
Software ,
Telehealth
In Short -
The Background: The prevalence of generative artificial intelligence ("GenAI") is rapidly expanding, providing vast opportunities for efficiency and innovation, while also creating new risks....more
8/7/2023
/ Algorithms ,
Artificial Intelligence ,
Confidentiality Agreements ,
Data Privacy ,
End-Users ,
EULA ,
Innovation ,
Liability ,
License Agreements ,
Machine Learning ,
Popular
In Short -
The Background: In recent months, artificial intelligence ("AI") platforms have taken the world by storm, introducing new, powerful tools for generating original and useful content based on training data and user...more
6/12/2023
/ Algorithms ,
Artificial Intelligence ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Defend Trade Secrets Act (DTSA) ,
EULA ,
Machine Learning ,
Popular ,
Third-Party ,
Trade Secrets
Note From the Editors -
This edition of Vital Signs is filled with digital health developments from around the world. In Industry Insights, you'll see and hear from Alexis Gilroy and Claire Castles, each in a short video...more
5/15/2023
/ Clinical Trials ,
Data Collection ,
DEA ,
Department of Health and Human Services (HHS) ,
Digital Health ,
Food and Drug Administration (FDA) ,
Health Care Providers ,
OIG ,
Popular ,
Substance Abuse ,
Telehealth
As technology and regulatory frameworks evolve, artificial intelligence ("AI") legal issues have emerged as a key topic in transactional, litigation, and regulatory compliance contexts. Jones Day partners Laurent De Muyter,...more
The U.S. Copyright Office published new guidance on the registration of works containing artificial intelligence ("AI")-generated material and announced public roundtables on the intersection of AI and copyright....more
Across multiple continents and industries, artificial intelligence ("AI") is a topic of intense focus by governments, research institutions, investors, and corporations—from start-ups to well-established industry players. As...more
NFTs are verifiable cryptographic tokens, which can act as a form of digital receipt. NFTs can also be used to evidence the authenticity, ownership, and provenance of real-world tangible items, such as artwork and real...more
NFTs are verifiable cryptographic tokens, which can act as a form of digital receipt. NFTs can also be used to evidence the authenticity, ownership, and provenance of real-world items, such as artwork and real property, or...more
4/21/2022
/ Blockchain ,
Copyright ,
Copyright Infringement ,
Corporate Counsel ,
Entertainment Industry ,
Financial Markets ,
Intellectual Property Protection ,
Investment Opportunities ,
Movies ,
Non-Fungible Tokens (NFTs) ,
Popular ,
Quentin Tarantino ,
Star Wars
Note From the Editors With 2022 well underway, the rapid pace of statutory, regulatory, policy, and industry activities in digital health continues in force. We bring you Vital Signs, a curated, one-stop resource on the most...more
3/9/2022
/ Artificial Intelligence ,
Centers for Medicare & Medicaid Services (CMS) ,
DEA ,
Digital Health ,
Enforcement Actions ,
Federal Taxes ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Health Care Providers ,
HIPAA Breach Notification Rule ,
Income Taxes ,
Life Sciences ,
Pharmaceutical Patents ,
Popular ,
Proposed Legislation ,
Regulatory Agenda ,
State Taxes ,
Telecommuting ,
Telehealth ,
Telemedicine ,
USPTO
In Linksmart Wireless Tech., LLC v. Caesars Entm’t Corp., Case No. 2:18-cv-00862-MMD-NJK (D. Nev. May 8, 2020) the Court addressed disputed claim terms in U.S. Reissued Patent No. RE46,459 (the “’459 Patent”), Linksmart had...more
6/19/2020
/ Appeals ,
Claim Construction ,
Computer-Related Inventions ,
Doctrine of Prosecution Disclaimer ,
Evidence ,
Inter Partes Review (IPR) Proceeding ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Popular
The emergence of artificial intelligence-related technology as a means of innovation has led to uncertainties for companies across industries, primarily because U.S. patent law has historically held that intellectual property...more
4/20/2020
/ Artificial Intelligence ,
Computer-Related Inventions ,
Copyright ,
Innovation ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Inventors ,
Patents ,
Popular ,
Trade Secrets ,
Trademarks ,
USPTO
The Situation: Artificial intelligence ("AI") is emerging as a key driver of innovation in the biopharmaceutical industry, which uses AI in research and development ("R&D") to analyze big data.
The Result: AI is already...more
12/20/2019
/ Artificial Intelligence ,
Biopharmaceutical ,
Biotechnology ,
Clinical Trials ,
Intellectual Property Protection ,
Life Sciences ,
Machine Learning ,
Patent-Eligible Subject Matter ,
Pharmaceutical Industry ,
Popular ,
Public Comment ,
R&D ,
Research and Development ,
USPTO
The Situation: Advances in artificial intelligence ("AI") are providing the ability to automatically create and design innovations without human assistance. AI's impact on patent, copyright, trademark, trade secret, and other...more
11/26/2019
/ Artificial Intelligence ,
Authorship ,
Comment Period ,
Computer-Related Inventions ,
Copyright ,
Copyright Office ,
Intellectual Property Protection ,
Inventions ,
Inventors ,
Patent Applications ,
Patent-Eligible Subject Matter ,
Patents ,
Popular ,
Public Comment ,
Trade Secrets ,
Trademarks ,
USPTO
Two recent patent applications seek protection for inventions that were created autonomously by artificial intelligence without a human inventor. The applicants want the AI to be deemed the inventor and the AI's owners to...more
The Situation: Artificial intelligence ("AI") is growing more powerful and gaining application in many areas. AI can now create new innovation on its own, without a human inventor—a capability that will only expand as...more
9/9/2019
/ Artificial Intelligence ,
Computer-Related Inventions ,
Corporate Counsel ,
Intellectual Property Protection ,
Inventions ,
Inventors ,
Patent Applications ,
Patents ,
Popular ,
Public Comment ,
USPTO ,
Young Lawyers
The Situation: There have been numerous reports that computer algorithms used in artificial intelligence ("AI") systems have created or contributed to biased and discriminatory outcomes. To reduce such bias and...more
6/27/2019
/ Algorithms ,
Artificial Intelligence ,
Cybersecurity ,
Data Protection ,
Disparate Treatment ,
Federal Trade Commission (FTC) ,
Popular ,
Predictive Analytics ,
Proposed Legislation ,
Technology Sector ,
Title VII
The Situation: Artificial intelligence and machine learning ("AI/ML") play an increasingly important role in a number of industries, and those industries are seeking ways to guard their innovations by means of copyright and...more
10/25/2018
/ Artificial Intelligence ,
Computer-Related Inventions ,
EU ,
European Patent Office ,
Intellectual Property Protection ,
Patent Applications ,
Patent Examinations ,
Patent-Eligible Subject Matter ,
Patents ,
Popular ,
Technology
The Situation: Artificial intelligence ("AI") and big data ("BD") innovations are a driving force of the current technological revolution, dramatically changing the way we search for information, communicate, operate devices,...more
3/15/2018
/ Artificial Intelligence ,
Big Data ,
CLS Bank v Alice Corp ,
Emerging Technology Companies ,
Intellectual Property Protection ,
Patent-Eligible Subject Matter ,
Patents ,
Popular ,
Software Patents ,
Technology Sector ,
USPTO
Eleven days after the Federal Circuit’s en banc opinion in Wi-Fi Onc, LLC v. Broadcom Corp., Nos. 15-1944, -1945 & -1946 (Fed. Cir. Jan. 8, 2018), a three-judge panel granted a petition by patent owner Click-to-Call...more
2/6/2018
/ § 315(b) ,
America Invents Act ,
Appeals ,
Broadcom ,
Certiorari ,
En Banc Review ,
Inter Partes Review (IPR) Proceeding ,
Judicial Review ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Patents ,
Popular ,
Remand ,
Time-Barred Claims ,
USPTO ,
Wi-Fi One
In recent years, carmakers and suppliers have significantly increased the number of patent applications they file in the United States and abroad, but patent protection may not always be the right tool. Trade secret...more
5/3/2017
/ Automotive Industry ,
Connected Cars ,
Driverless Cars ,
Innovation ,
Intellectual Property Protection ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Popular ,
Software ,
Wireless Technology