News & Analysis as of

Algorithms Trade Secrets Intellectual Property Protection

WilmerHale

Federal Circuit Opinion on Patent Eligibility of Machine Learning Applications Underscores Potential Value of Trade Secrecy to...

WilmerHale on

On April 18, 2025, the Federal Circuit published an opinion in Recentive Analytics, Inc. v. Fox Corp. holding that patents claiming the application of existing machine learning models “to new data environments, without...more

BakerHostetler

[Podcast] Slings and Arrows: Trade Secret Trends Reflect a Need for Safeguards

BakerHostetler on

Consider trade secret enforcement your armor on the battlefields of IP. Given greater exposure to cybersecurity breaches and data theft, a murky future for employee noncompete agreements, AI algorithms that challenge the...more

ArentFox Schiff

Strategies for Safeguarding AI Innovation: Navigating the Complex IP Landscape for AI Technologies

ArentFox Schiff on

The protection of intellectual property (IP) is vital in the fiercely competitive artificial intelligence (AI) industry, necessitating a deep understanding of how the complex IP framework can be effectively leveraged to...more

Morris, Manning & Martin, LLP

Navigating AI Risks: Balancing Innovation and Compliance in Your Enterprise

As artificial intelligence continues to revolutionize industries, businesses are facing increasing pressure to integrate AI solutions into their products and services to remain competitive. However, the adoption of AI...more

Mayer Brown

Concerns Related to DeepSeek’s Training Techniques May Focus on IP Issues

Mayer Brown on

AT A GLANCE - Beyond whether DeepSeek used data from existing AI application program interfaces (APIs) to train its models lie concerns about whether querying an AI API may lead to trade secret misappropriation....more

Orrick, Herrington & Sutcliffe LLP

Protecting Trade Secrets: Tips for AI Companies

AI companies should familiarize themselves with trade secret law to safeguard their innovations. A company does not need to register a trade secret to invoke it in litigation, unlike other IP protections. Trade secrets can...more

Baker Botts L.L.P.

Trade Secret Litigation: How Will AI Innovations Likely Be Litigated?

Baker Botts L.L.P. on

While trade secret law may not get as much attention as copyright battles, it’s going to be a major player in the future of AI. With decades of legal development, it’s an essential area where companies will need to protect...more

Baker Botts L.L.P.

Intellectual Property Report - August 2024

Baker Botts L.L.P. on

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

Baker Botts L.L.P.

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

Baker Botts L.L.P. on

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

WilmerHale

Untangling The Legal Complexities Of Trade Secrets And AI

WilmerHale on

With broad adoption of generative artificial intelligence tools, some commentators have suggested that trade secret law is the best means for protecting innovations. Looking to trade secret law to protect AI is facially...more

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Deems Algorithm Potentially Valid Trade Secret Notwithstanding Prior Publication

On January 24, 2022, the Federal Circuit affirmed the grant of a preliminary injunction blocking the publication of a patent application on the basis that it contained the plaintiff, Masimo Corp.’s trade secrets. Masimo Corp....more

Weintraub Tobin

Preliminary Injunction Upheld in Trade Secret Dispute Despite Prior Publication

Weintraub Tobin on

Publication of an algorithm prevents the algorithm from being a trade secret, right? Not necessarily. The Federal Circuit just reminded us that under certain circumstances that may not be the case. ...more

Dickinson Wright

[Webinar] Protecting Software Intellectual Property in Electric and Autonomous Vehicle Technologies - November 3rd, 12:00 pm -...

Dickinson Wright on

Technical advancements, in both vehicle electrification and automation, are increasingly focused on software innovations, while the focus on hardware innovations appears to be somewhat diminished. Protecting intellectual...more

Robins Kaplan LLP

[Webinar] Second Annual AI Legal Summit - Session III | Trade Secret as a Mechanism for Protecting AI/ML Development - May 19th,...

Robins Kaplan LLP on

Recognize the IP risks that arise as artificial intelligence and machine learning take a greater foothold in your business. Our three-part seminar will present solutions to risks that are unique to AI/ML, including: -...more

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