News & Analysis as of

Artificial Intelligence Technology Sector Patent Litigation

Sheppard Mullin Richter & Hampton LLP

You Snooze, You Lose: Federal Circuit Emphasized Once Again the Importance of Preserving Issues for Appellate Review

AliveCor, Inc. v. Apple, Inc., No. 23-1512 (Fed. Cir. 2025) – On March 7, 2025, the Federal Circuit affirmed the Patent Trial and Appeal Board’s inter partes review (“IPR”) decisions invalidating all claims of three AliveCor...more

ArentFox Schiff

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

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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

Baker Botts L.L.P.

Intellectual Property Report April 2025

Baker Botts L.L.P. on

The case law surrounding patent apportionment has evolved significantly, with the Federal Circuit increasingly scrutinizing patent litigants’ reliance on “comparable licenses” as a means for calculating a reasonable royalty....more

Mintz - Intellectual Property Viewpoints

Understanding How to Patent Agentic AI Systems

Artificial intelligence is evolving beyond simple pattern recognition and content generation into autonomous decision-making. Agentic AI systems act independently—or with limited human supervision—to achieve specific...more

Fenwick & West LLP

DeepSeek, Model Distillation, and the Future of AI IP Protection

Fenwick & West LLP on

A flurry of developments in late January 2025 has caused quite a buzz in the AI world. On January 20, DeepSeek released a new open-source AI model called R1 and an accompanying research paper....more

HaystackID

OpenAI Accuses DeepSeek of Unlawful Use of AI Models, Raising Ethical and Legal Concerns

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In a major development within the global artificial intelligence (AI) industry, OpenAI has lodged serious accusations against DeepSeek, a Chinese AI startup, alleging that the latter has illegally utilized its proprietary...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

AI IP Year in Review - Five Key Takeaways from the 2024 House Judiciary Hearing on AI-Assisted Inventions and Creative Works

As companies—and more recently, courts—have struggled to address the role of artificial intelligence (AI) in innovation, legislators are embroiled in a struggle of their own. Over the past two years, the Senate and House have...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

AI IP Year in Review - Patent Law and Generative AI 101

While Artificial Intelligence (AI) solutions, such as predictive AI, have been around for decades, generative AI systems are recent innovations with far reaching implications for patent law. Generative AI, such as ChatGPT,...more

Fish & Richardson

Protecting Innovation in an AI-Powered Age: Patents

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With the advent of generative artificial intelligence (or “GenAI”), many companies have begun to shift their innovation strategies to incorporate and rely on GenAI tools. These tools can be powerful drivers of technological...more

Fenwick & West LLP

How to Maximize Your AI-Assisted Invention’s Patentability

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Artificial intelligence is rapidly reinventing the research and development process, but until recently, patentability remained a major uncertainty. That’s until the United States Patent and Trademark Office stepped in and...more

Dorsey & Whitney LLP

AI cannot be an inventor of a UK Patent

Dorsey & Whitney LLP on

The United Kingdom Supreme Court (the ultimate appeal level in the UK legal system) has ruled in a decision of 20 December 2023 that an artificial intelligence (“AI”) system cannot be identified in a patent application as the...more

White & Case LLP

UK Supreme Court Rules Against AI Inventorship of Patents

White & Case LLP on

On December 20, 2023, the UK Supreme Court ("Court") dismissed Dr. Stephen Thaler's appeal, unanimously affirming the decision of the Comptroller-General of Patents, Designs and Trademarks ("Comptroller") that a machine which...more

JAMS

Dispute Resolution Planning for Startups in the New Age of Generative AI

JAMS on

At the time of this writing, generative artificial intelligence (AI) is taking the world by storm, and legal issues abound. Artists are suing AI art-generating companies for copyright infringement. Getty Images is suing for...more

Bennett Jones LLP

Artificial Intelligence Patenting: Top Challenges and Key Considerations

Bennett Jones LLP on

In this blog, we consider the challenges in patenting artificial intelligence (AI) and the key considerations companies should make when drafting strong AI patent applications....more

BakerHostetler

Federal Circuit: AI Cannot Be a Named ‘Inventor’ Under the Patent Act

BakerHostetler on

​​​​​​​On August 5, 2022, the Federal Circuit in Thaler v. Vidal ruled that an artificial intelligence (AI) system cannot be listed as a named inventor on a patent application, affirming the United States Patent and Trademark...more

WilmerHale

Federal Circuit Patent Watch: The Patent Act defines “inventor” as limited to natural persons

WilmerHale on

Precedential Federal Circuit Opinions - REALTIME ADAPTIVE STREAMING LLC v. NETFLIX, INC. [OPINION] (2021-1484, 2021-1485, 2021-1518, 2021-1519, July 27, 2022) (Newman, Reyna, and Chen) - Chen, J. Affirming district...more

Winstead PC

Update: Federal Judge Rules That Only Natural Persons Can Be Inventors

Winstead PC on

Recently, a federal judge in the Eastern District of Virginia issued a memorandum opinion in the ongoing dispute over whether artificial intelligence (“AI”) machines may be properly identified as inventors on U.S. patent...more

NAM (National Arbitration and Mediation)

Patent Arbitration In The Age Of Rapidly Changing Technology

It may be time to give greater consideration to Alternative Dispute Resolution (ADR) for patent disputes. The rapid changes brought about by the technological revolution have in many instances shortened the economic lifecycle...more

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