The Legislative blueprint calls on Congress to: preempt state AI laws; consider additional intellectual property protections while leaving the fair use question for the courts; encourage AI innovation; and channel oversight...more
4/1/2026
/ Artificial Intelligence ,
Copyright ,
Emerging Technologies ,
Executive Orders ,
Fair Use ,
Federal v State Law Application ,
Free Speech ,
Innovative Technology ,
Intellectual Property Protection ,
Machine Learning ,
Preemption ,
Proposed Legislation ,
Regulatory Oversight ,
Regulatory Reform ,
Trump Administration
In early March, the U.S. Supreme Court denied certiorari in Thaler v. Perlmutter, continuing the standard that only works created by a human can receive U.S. copyright protection. This raises complex questions as businesses...more
2025 was an incredibly busy year for digital health, and 2026 is likely to be no different. This edition of Vital Signs covers numerous developments, along with a look to 2026 in Industry Insights. Thank you to our Jones Day...more
2/10/2026
/ Artificial Intelligence ,
Centers for Medicare & Medicaid Services (CMS) ,
DEA ,
Department of Health and Human Services (HHS) ,
Digital Health ,
Executive Orders ,
Food and Drug Administration (FDA) ,
Medicare ,
New Legislation ,
Request For Information ,
State and Local Government ,
Telehealth
On December 11, President Trump signed a new EO called "Ensuring a National Policy Framework for Artificial Intelligence," touting a "national [AI] policy" free of "cumbersome" state AI regulation. The EO notes that a...more
12/19/2025
/ Artificial Intelligence ,
Executive Orders ,
FCC ,
Federal Funding ,
Federal Trade Commission (FTC) ,
Federal v State Law Application ,
Preemption ,
Proposed Legislation ,
Regulatory Oversight ,
Regulatory Reform ,
Rulemaking Process ,
State and Local Government ,
Trump Administration ,
U.S. Commerce Department
New guidance rescinds Biden-era guidance from February 2024 and signals a pro-patent, pro-AI landscape.
On November 28, 2025, the United States Patent and Trademark Office ("USPTO") published revised guidance on...more
12/8/2025
/ Artificial Intelligence ,
Biden Administration ,
Executive Orders ,
Intellectual Property Protection ,
Inventors ,
New Guidance ,
Patent Applications ,
Patent Examinations ,
Patents ,
Regulatory Reform ,
Trump Administration ,
USPTO
California's new Transparency in Frontier Artificial Intelligence Act creates the nation's first standardized safety disclosure framework for frontier AI models. On September 29, 2025, Governor Newsom signed the Transparency...more
10/27/2025
/ Artificial Intelligence ,
California ,
Disclosure Requirements ,
Innovative Technology ,
Machine Learning ,
New Legislation ,
Regulatory Requirements ,
Reporting Requirements ,
Risk Management ,
Transparency ,
Whistleblowers
Artificial intelligence (“AI”) is a global subject of intense focus by governments, research institutions, investors, and corporations, ranging from start-ups to well-established industry leaders. As technology and regulatory...more
Pharmaceutical companies are increasingly concerned about the prospect that the Food and Drug Administration (FDA) will be delayed in its consideration of pending New Drug Applications (NDAs) and Biologics Licensing...more
10/1/2025
/ Administrative Procedure Act ,
Biologics ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Healthcare ,
Life Sciences ,
Pharmaceutical Industry ,
Supply Chain ,
Tariffs ,
Trump Administration
On January 1, 2026, California Assembly Bill 2013, the "Generative Artificial Intelligence Training Data Transparency Act" ("AB 2013"), will come into effect, requiring generative artificial intelligence ("GenAI") developers...more
9/18/2025
/ Artificial Intelligence ,
California ,
Data Privacy ,
Data Protection ,
Disclosure Requirements ,
Innovative Technology ,
Machine Learning ,
New Legislation ,
Regulatory Requirements ,
State Privacy Laws ,
Training ,
Transparency ,
Website Owner Liability ,
Websites
On July 9, 2025, the European Parliament's Committee on Legal Affairs ("JURI") published a study examining how generative artificial intelligence ("AI") interacts with European Union copyright law....more
8/14/2025
/ AI Act ,
Artificial Intelligence ,
Copyright ,
Court of Justice of the European Union (CJEU) ,
Data Mining ,
EU ,
Innovative Technology ,
Intellectual Property Protection ,
IP License ,
Machine Learning ,
Regulatory Reform ,
Training
The European Union's Artificial Intelligence Act ("AI Act") establishes a comprehensive, risk-based regulatory framework including provisions relating to general-purpose AI ("GPAI") models that apply as from 2 August 2025. In...more
8/6/2025
/ Artificial Intelligence ,
Copyright ,
EU ,
European Commission ,
Innovative Technology ,
Machine Learning ,
New Legislation ,
Popular ,
Regulatory Requirements ,
Risk Management ,
Transparency
The White House recently announced America's AI Action Plan (the "Plan")—sweeping federal AI policy reforms prioritizing innovation and deregulation of the artificial intelligence ("AI") industry....more
8/6/2025
/ Artificial Intelligence ,
Data Centers ,
Executive Orders ,
Export Controls ,
Infrastructure ,
Innovative Technology ,
Machine Learning ,
National Security ,
Regulatory Reform ,
Semiconductors ,
Trump Administration
The White House has issued an AI Action Plan that aims to position the United States as the leader in artificial intelligence ("AI"), as part of a broader pattern of boosting innovation and reducing regulatory burden, with...more
8/4/2025
/ Artificial Intelligence ,
Banks ,
Consumer Financial Protection Bureau (CFPB) ,
FDIC ,
Federal Funding ,
Federal Reserve ,
Financial Regulatory Reform ,
Financial Services Industry ,
Innovative Technology ,
Machine Learning ,
OCC ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Reform ,
Trump Administration
Getty Images ("Getty") alleged copyright infringement by Stability AI ("Stability"), including claims of direct copying during artificial intelligence ("AI") training and output generation, as well as secondary copyright...more
7/9/2025
/ Algorithms ,
Artificial Intelligence ,
Copyright Infringement ,
Copyright Litigation ,
Getty Images ,
Intellectual Property Litigation ,
Software ,
Statutory Interpretation ,
Technology ,
Trademarks ,
UK
Federal courts continue to address whether training artificial intelligence ("AI") models on copyrighted materials without a license constitutes copyright infringement....more
7/1/2025
/ Algorithms ,
Artificial Intelligence ,
Books ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Fair Use ,
Innovative Technology ,
Intellectual Property Protection ,
Machine Learning ,
Training ,
Transformative Use
To address the legal issues presented by artificial intelligence ("AI"), the U.S. Copyright Office ("Office") launched a multi-part Copyright and Artificial Intelligence Report ("Report") (see our Commentaries on Part One and...more
5/27/2025
/ Algorithms ,
Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Office ,
Fair Use ,
Government Agencies ,
Innovative Technology ,
Intellectual Property Protection ,
Machine Learning ,
New Guidance
The National Institute of Standards and Technology ("NIST") recently updated its 2020 Privacy Framework 1.0 to include artificial intelligence ("AI") risk management....more
The Office of Management and Budget releases highly anticipated guidance to federal agencies on the use and deployment of artificial intelligence and how to manage its risks....more
5/7/2025
/ Artificial Intelligence ,
Executive Orders ,
Federal Contractors ,
Government Agencies ,
Machine Learning ,
National Security ,
New Guidance ,
OMB ,
Regulatory Requirements ,
Risk Management ,
Technology Sector ,
Trump Administration
Artificial intelligence presents so many opportunities, but there are still so many questions in relation to copyright law. What constitutes fair use? How much human input satisfies the human authorship requirement? Can...more
4/23/2025
/ Artificial Intelligence ,
Authorship ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Deep Fake ,
Fair Use ,
Innovative Technology ,
Intellectual Property Protection ,
Machine Learning ,
Technology ,
Women in the Law
In 2024, not one but two Nobel Prizes (in Chemistry and Physics) were awarded to researchers for their work in artificial intelligence ("AI"). Particularly noteworthy for the life science community is the Nobel Prize in...more
4/4/2025
/ Artificial Intelligence ,
Healthcare ,
Intellectual Property Protection ,
Inventions ,
Inventors ,
Joint Inventors ,
Life Sciences ,
Machine Learning ,
New Guidance ,
Patent Ownership ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
R&D ,
Research and Development ,
Section 102 ,
USPTO
There are numerous actions currently pending in federal courts that involve artificial intelligence ("AI") and copyright law. Among other things, courts must determine if infringement occurs when an AI is trained on...more
2/26/2025
/ Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Fair Use ,
Intellectual Property Protection ,
Legal Research ,
Legal Training ,
Machine Learning ,
Thomson Reuters ,
Westlaw
Artificial intelligence ("AI") raises unique challenges in the context of copyright law. To address and clarify various issues arising at the intersection of AI and copyright, the U.S. Copyright Office ("Office") is in the...more
The European Commission has released a new template for summarizing training data used in general-purpose artificial intelligence ("AI") models, as part of its broader AI regulatory framework....more
The PTAB denied institution of a second inter partes review (“IPR”) petition filed by Aylo Freesites (“Petitioner”) after having previously instituted inter partes review of Petitioner’s first petition related to the same...more
1/13/2025
/ Administrative Procedure Act ,
Denial of Institution ,
Dish Network ,
Intellectual Property Litigation ,
Inter Partes Review (IPR) Proceeding ,
Patent Act ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
USPTO
While generative artificial intelligence ("GenAI") has the potential to fundamentally change health care, it presents unique risks and complexities that challenge the U.S. Food and Drug Administration's ("FDA" or "Agency")...more