Welcome to the July edition of Akin Intelligence. This month, United States agencies released several key pieces of artificial intelligence (AI) guidance, including patent eligibility guidance from the United States Patent...more
9/3/2024
/ Artificial Intelligence ,
Bias ,
Deceptive Intent ,
Department of Energy (DOE) ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Equal Employment Opportunity Commission (EEOC) ,
EU ,
FCC ,
Federal Trade Commission (FTC) ,
General Services Administration (GSA) ,
HUD ,
Machine Learning ,
NTIA ,
Patent-Eligible Subject Matter ,
Proposed Rules ,
Regulatory Agenda ,
USPTO
Welcome to the June edition of Akin Intelligence. This month, the General Services Administration (GSA) launched its first AI-focused cohort of Presidential Innovation Fellows (PIF), bringing together experts from across the...more
7/15/2024
/ Artificial Intelligence ,
Clinical Trials ,
Consumer Financial Protection Bureau (CFPB) ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Department of Defense (DOD) ,
EU ,
FCC ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
General Services Administration (GSA) ,
Healthcare ,
Innovation ,
Machine Learning ,
Medicare ,
NIST ,
OSTP ,
Political Advertising ,
Transparency
Welcome to the April-May edition of Akin Intelligence. This edition is a double header, covering both months as we prepare for the launch of our new AI Hub—a one-stop resource for AI coverage that will launch soon. Starting...more
6/14/2024
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
CFTC ,
Department of Homeland Security (DHS) ,
Draft Guidance ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Know Your Customers ,
Machine Learning ,
Memorandum of Understanding ,
National Science Foundation ,
NIST ,
OMB ,
Risk Management ,
UK ,
USPTO
In a highly anticipated decision, the en banc Federal Circuit overruled the longstanding Rosen-Durling test for assessing obviousness of design patents. The challenged framework, derived from two cases, In re Rosen, 673 F.2d...more
Welcome to the March edition of Akin Intelligence. This month, the EU AI Act was approved by the European Parliament, moving one step closer to becoming the first major AI law. In the U.S., the DOJ brought criminal charges...more
4/10/2024
/ Artificial Intelligence ,
Biden Administration ,
Commercial Litigation ,
Copyright ,
Corporate Governance ,
Cybersecurity ,
Data Privacy ,
Data Security ,
EU ,
Executive Orders ,
Healthcare ,
Innovative Technology ,
Intellectual Property Protection ,
Legislative Agendas ,
Life Sciences ,
Machine Learning ,
National Security ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
State and Local Government ,
Technology Sector ,
UK
The Patent Trial and Appeal Board recently found claims directed to a web-based point of sale system and method unpatentable as obvious after conducting a thorough examination of whether a reference with one common inventor...more
A district court recently precluded a patent attorney from testifying as an expert in a patent infringement lawsuit where the proposed expert lacked the requisite technical expertise to assist the trier of fact in...more
The Patent Trial and Appeal Board denied institution of a petition for IPR after determining that the petitioner failed to show a reasonable likelihood that its primary asserted reference, which was available through the...more
Welcome to the January edition of Akin Intelligence. Artificial Intelligence (AI) remains a key area for state and federal legislators in the new year. State executives and legislators continue to propose AI-related...more
1/29/2024
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Biden Administration ,
Cyber Attacks ,
Employment Discrimination ,
Executive Orders ,
FCC ,
Federal Trade Commission (FTC) ,
Machine Learning ,
OMB ,
Request For Information ,
Software Developers ,
Trump Administration
Welcome to the November edition of Akin Intelligence. Looking back, October 2023 may be remembered as the month when the U.S. government tried to assume the mantle of global leadership on responsible artificial intelligence...more
11/22/2023
/ Artificial Intelligence ,
Biden Administration ,
Bitcoin ,
China ,
Copyright ,
Deep Fake ,
Department of Defense (DOD) ,
Digital Health ,
Disclosure Requirements ,
Energy Sector ,
Executive Orders ,
Export Controls ,
Federal Trade Commission (FTC) ,
Infrastructure ,
Innovation ,
Know Your Customers ,
Medicare ,
Medicare Fraud ,
NIST ,
Notice of Inquiry ,
Proposed Legislation ,
Reporting Requirements ,
Semiconductors ,
U.S. Commerce Department
The Western District of Texas recently denied a defendant’s motion to stay pending inter partes review based in part on the defendant’s status as a non-party in the IPR proceedings. In doing so, the district court focused on...more
Welcome to the October edition of Akin Intelligence. We continue to see bipartisan and international interest in artificial intelligence (AI) regulation. In the executive branch, agencies are working towards developing...more
10/19/2023
/ Artificial Intelligence ,
Biden Administration ,
Copyright ,
Copyright Office ,
Cybersecurity ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Healthcare ,
Intellectual Property Protection ,
ISOs ,
Machine Learning ,
National Security ,
National Security Agency (NSA) ,
New Regulations ,
NIST ,
OMB ,
SAG ,
Screenwriters ,
Shareholders ,
USPTO ,
Writers
Welcome to the September edition of Akin Intelligence. As the U.S. Congress reconvenes after the August recess, we continue to see bipartisan interest in artificial intelligence (AI) regulation. In the executive branch,...more
9/18/2023
/ Age Discrimination ,
Artificial Intelligence ,
Biden Administration ,
China ,
Class Action ,
Consumer Financial Protection Bureau (CFPB) ,
Copyright ,
Copyright Office ,
Cybersecurity ,
Deep Fake ,
Department of Defense (DOD) ,
EU ,
Executive Orders ,
Fair Credit Reporting Act (FCRA) ,
Federal Election Commission (FEC) ,
Foreign Investment ,
Healthcare ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
Jurisdiction ,
NDAA ,
Outbound Transactions ,
Preliminary Injunctions ,
Rulemaking Process ,
Securities and Exchange Commission (SEC) ,
Thought Leadership ,
UK ,
USPTO
Welcome back to Akin Intelligence: Hot AI Summer Edition! This month’s newsletter reflects the ongoing and increasing global activity around artificial intelligence (AI), including more proposed AI legislation and court...more
8/15/2023
/ Artificial Intelligence ,
Consumer Protection Laws ,
Cybersecurity ,
Federal Trade Commission (FTC) ,
Innovative Technology ,
Legislative Agendas ,
Machine Learning ,
NIST ,
Proposed Legislation ,
Regulatory Agenda ,
Working Groups
Welcome to the July edition of Akin Intelligence. In this month’s AI news, the U.S. Senate receives member-only briefings on AI, U.S. states continue to debate and legislate on AI issues, the U.S. prepares new AI-related...more
Welcome back to Akin Intelligence!
May featured major congressional hearings and state action in the United States, calls from industry and lawmakers for artificial intelligence (AI) regulation, and significant...more
The District Court of Delaware dismissed a generic drug company’s declaratory judgment counterclaims of non-infringement and invalidity, finding that the court no longer had subject matter jurisdiction after the generic...more
In an IPR institution decision issued shortly after the USPTO issued interim guidance on discretionary denials, the PTAB held that the petition presented “compelling evidence of unpatentability,” foreclosing a Fintiv...more
Key Points -
On August 5, 2022, the Federal Circuit held in Thaler v. Vidal that the term “inventor” under the United States Patent Act must be a human being.
This ruling precludes patent protection for inventions...more
The USPTO recently issued new guidance on how the Patent Trial and Appeal Board (PTAB) will apply Apple Inc. v. Fintiv Inc., a 2020 precedential decision which laid out considerations for denying institution of a post-grant...more
Key Points -
On June 21, 2022, USPTO Director Katherine K. Vidal issued a memorandum titled “Interim Procedure for Discretionary Denials in AIA Post-Grant Proceedings With Parallel District Court Litigation.”
Under...more
In the weeks preceding a recent Hatch-Waxman bench trial, a district court excluded portions of an expert’s opinion on obviousness that addressed internal documents and inventor testimony concerning the “inventors’ path” to...more
A district court recently denied a motion for attorney’s fees under 35 U.S.C. § 285 where the defendant successfully invalidated each claim of the patent at issue during an inter partes review proceeding. The district court...more