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Intellectual Property Report February 2025

It is well established that “a petitioner in an inter partes review … is not permitted to assert a ground of unpatentability under 35 U.S.C. § 112.” Dexcowin Golabl, Inc. v. Aribex, Inc., IPR2016-00436, Paper 12 (PTAB July 7,...more

Intellectual Property Report January 2025

In an era of content creation, social media influencers are tasked with the creative job of building a personal brand to influence the general public’s purchasing decisions and lifestyle choices. Creating a brand identity...more

The UK Government Signals the "Status Quo" Cannot Continue for AI and Copyright

“This status quo cannot continue.” With these words, the UK government has made it clear that changes to the AI regulatory regime are on the horizon. The recently published consultation on AI and copyright underscores how...more

Two Paths to AI Regulation: Capability vs. Use Case in State-Level Approaches

State-level AI regulation remains a dynamic landscape in the US as lawmakers tackle the complex risks posed by modern AI. Two influential 2024 regulations—Colorado's 24-205 (the Consumer Protections for Artificial...more

Senate Introduces TRAIN Act to Enhance Transparency in AI Model Training

The recently proposed Transparency and Responsibility for Artificial Intelligence Networks Act ("TRAIN Act") seeks to address the opaque nature of generative AI model training by amending Chapter 5 of Title 17 of the U.S....more

Navigating Global Approaches to AI Regulation

As artificial intelligence continues to advance at a rapid pace, countries around the world are formulating strategies to balance the benefits of generative AI with its potential risks. This post provides an overview of how...more

Aligning AI Development with White House Safety and Security Standards

A recent White House memorandum on AI reminds U.S. AI companies that a more measured approach—prioritizing safety, security, and trustworthiness—will yield long-term benefits, especially in light of the evolving regulatory...more

Navigating Ethical AI Guidelines from the ABA and State Bars

The American Bar Association (ABA) and several state bars have recently issued guidelines on the ethical use of generative artificial intelligence (AI) in legal practice. As AI tools like LLM-based chatbots become more...more

NIST's Latest Guidance on Secure AI Development and Global Standards

On July 26, the National Institute of Standards and Technology (NIST) released four guidance documents related to artificial intelligence (AI) development and implementation....more

Intellectual Property Report - August 2024

Be an Expert: Precedential PTAB Decision on Conclusory Expert TestimonyStutti TilwaA recent precedential decision from the Patent Trial and Appeal Board (“PTAB”) may serve as a warning for those parties who plan on relying on...more

When Algorithms Meet Regulators - The Unexpected Vulnerability of AI Trade Secrets

Companies deploying and developing Artificial Intelligence (“AI”) face a critical intellectual property dilemma: How should I protect AI trade secrets in a regulatory landscape that demands transparency?...more

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