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President Biden Issues Far-Reaching Executive Order on Artificial Intelligence

President Biden issued an Executive Order on October 30, 2023 designed to place the United States at the forefront of law and regulation of Artificial Intelligence (AI). The Executive Order on the “Safe, Secure, and...more

In re Cellect: The Federal Circuit Alters Terminal Disclaimer Strategy

The Federal Circuit recently in In re Cellect, invalidated a series of patents based on obviousness-type double-patenting (ODP), finding that term-adjusted patents (PTA) in the same family are invalid under ODP in the absence...more

The European AI Act – Europe Aggressively Targets “High Risk” Artificial Intelligence

The next revolution in technology that will change our lives is both here and coming—Artificial Intelligence (AI). AI has been used for many years to more efficiently sort through data, learning as it goes, to spot patterns...more

When Winning Isn’t Prevailing—the Federal Circuit Explains

When is the winning party not the prevailing party? Well, it depends. In the last two weeks, the U.S. Court of Appeals for the Federal Circuit decided two cases with very similar facts that presented that very question. In...more

The U.S. Patent and Trademark Office Takes on Artificial Intelligence

If the hallmark of intelligence is problem solving, then it should be no surprise that artificial intelligence is being called on to solve complex problems that human intelligence alone cannot. Intellectual property laws...more

The 2020 Intellectual Property Year in "Preview" Article* - *Also Known as “I’ll Be Right, Sooner Or Later”

You could make a good argument that courage is a mistake of evolution. We’d all be better off just running away from a hungry saber-toothed tiger. (Those things were huge! And have you seen their teeth?!) But, at some point,...more

The Seventh Circuit Addresses the Use of Utility Patents as Evidence of Functionality of Trade Dress

On June 12, 2019, the U.S. Court of Appeals for the Seventh Circuit decided Bodum USA, Inc. v. A Top New Casting Inc., No. 18-3030, 2019 U.S. App. LEXIS 17555 (7th Cir. June 12, 2019). The case, led by Vedder Price...more

The Federal Circuit Applies Issue Preclusion to IPRs (And Further Calls Into Question Long-Standing Precedent Against Issue...

On May 23, 2019, the U.S. Court of Appeals for the Federal Circuit decided Papst Licensing GmbH v. Samsung Elec. America, Inc. In that case, the Federal Circuit confirmed, based on the issue preclusion principles laid out...more

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