News & Analysis as of

Software Technology Sector Intellectual Property Protection

DLA Piper

Patenting Quantum Computing: Challenges, Trends, and Future Prospects

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Predictions about the arrival of fault-tolerant quantum computing and commercially viable quantum computing vary widely. Some experts estimate that within the next three to five years, we may see early quantum advantage in...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

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

McDonnell Boehnen Hulbert & Berghoff LLP

AI News Roundup – Anthropic releases “hybrid reasoning” model, protests against UK AI copyright measures, Huawei improves AI chip...

To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following....more

Husch Blackwell LLP

Delaware Court Grants Summary Judgment to Plaintiff in Machine Learning / AI Copyright Case

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Albert Einstein is credited with saying “the measure of intelligence is the ability to change.” In September 2023, Judge Stephanos Bibas—sitting by designation in the District of Delaware—denied plaintiff Thomson Reuters’...more

Lowenstein Sandler LLP

Federal Court Rules Against ‘Fair Use’ Defense for AI Training

Lowenstein Sandler LLP on

On Tuesday, February 11, the U.S. District Court for the District of Delaware held in Thomson Reuters Enterprise Centre GmbH et al. v. ROSS Intelligence Inc. that the defendant’s unauthorized use of the plaintiff’s...more

Hogan Lovells

U.S. Copyright Office issues report on copyrightability of AI assisted and generated works

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The United States Copyright Office has released the second in a series of reports relating to the implications of AI on copyright law and policy, firmly upholding the principle that copyright protection is reserved for...more

Kerr Russell

Is It Really Illegal for Me to Repair My Own Machines?

Kerr Russell on

In many cases, the answer is yes, but following a recently-adopted exemption to the Digital Millennium Copyright Act (DMCA), owners of certain retail-level machines are no longer forced to hire OEM-certified technicians to...more

IR Global

Defence Tech - Valuation & Financial Advisory Services For Success

IR Global on

The defense technology sector (“defense tech”) has experienced remarkable growth in recent years, with projections indicating continued expansion in the near future. This surge is largely driven by increased global defense...more

Goodwin

Four Steps to Maximize AI Innovation in Medtech

Goodwin on

Investment in artificial intelligence (AI) is rising fast. The International Data Corporation projects global spending on AI R&D will reach $632 billion by 2028, more than twice the expected total for 2024....more

Fitch, Even, Tabin & Flannery LLP

IP Alert: USPTO Issues Guidance for Examining Means-Plus-Function and Step-Plus-Function Claim Limitations

On March 18, the USPTO issued a guidance document on how to examine claims that recite functional limitations without necessarily using the term “means” under 35 U.S.C. § 112. The guidance document aims to improve clarity,...more

ArentFox Schiff

AI in 2024: What Every GC Needs to Know

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As we enter into this second full year of the artificial intelligence (AI) revolution, a clear understanding of the technology and its legal implications becomes crucial for every General Counsel (GC). From understanding...more

Smart & Biggar

Quebec’s “IP Box”: A tax incentive for the commercialization of IP

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Innovation from research & development (R&D) can be protected by intellectual property (IP) rights of various kinds, including patents, copyright and plant breeder’s rights. To encourage companies to invest locally in R&D...more

JAMS

How Do We Protect Intangible Assets - A neutral’s perspective on how ADR may be impacted

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One may be surprised to learn that in 2020, according to a study on intangible assets undertaken by Ocean Tomo (Intangible Asset Market Value Study - Ocean Tomo), 90% of the value of S&P 500–listed companies was accounted for...more

Goodwin

Coding with AI in an Open-Source World

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Many generative AI systems are very good at writing code, and developers increasingly use them to develop high-quality software faster and more efficiently than they could without these systems. But companies must take...more

Sheppard Mullin Richter & Hampton LLP

Microsoft to Indemnity Users of Copilot AI Software – Leveraging Indemnity to Help Manage Generative AI Legal Risk

The rapid growth of generative AI (GAI) has taken the world by storm. The uses of GAI are many as are the legal issues. If your employees are using GAI, they may be subjecting your company to many unwanted and potentially...more

Fenwick & West LLP

Creativity and Technology: The FTC’s Warning Shot When Creating and Marketing Digital Products Using Artificial Intelligence

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The Federal Trade Commission (FTC) continues to issue guidance on the use of generative artificial intelligence (AI) and the potential regulatory scrutiny facing companies and creators using these new tools in the market....more

ArentFox Schiff

ArentFox Schiff Issues the First Global Definitive Legal Guide for Industries Navigating AI

ArentFox Schiff on

Artificial intelligence promises to transform the way we live and work and its impact will undoubtedly stretch to every business sector across the globe. This next generation of technology brings exciting possibilities and...more

Morgan Lewis - Tech & Sourcing

Where’s the Money? Options for Commercializing Technology, Part 2: White-Label Arrangements

In our prior post in this two-part series on less commonly discussed technology commercialization options, we addressed how open-source software (OSS) providers may make money on their products. In this Part 2, we’ll look at...more

Morgan Lewis - Tech & Sourcing

Where’s the Money? Options for Commercializing Technology, Part 1: Open Source Software

When the topic of technology commercialization strategies comes up, the most common options typically mentioned include the sale of a technology or building a business around technology by selling products or providing...more

Foley & Lardner LLP

Software as a Medical Device: Challenges Facing the Industry

Foley & Lardner LLP on

Editor’s Note: We are excited to announce that this article is the first of a series addressing Software as a Medical Device and the issues that plague digital health companies, investors, clinicians and other organizations...more

Dorsey & Whitney LLP

Do Copyright Owners Have to Show What Elements of Their Software are Protected by Their Registrations? A Split Federal Circuit...

Dorsey & Whitney LLP on

In a recent decision, the Federal Circuit approved the use of “Copyrightability Hearings.” Not sure what that means? Read on to find out....more

Womble Bond Dickinson

Potential Pitfalls and Best Practices In Using AI Tools to Generate Code

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Artificial Intelligence (AI) has become an even hotter topic since the introduction of generative AI tools like ChatGPT, a chatbot developed by OpenAI, as well as tools like Copilot and OpenAI Codex, which use generative AI...more

Sheppard Mullin Richter & Hampton LLP

How Generative AI Generates Legal Issues in the Games Industry

Roblox recently announced that it is working on generative artificial intelligence (AI) tools that will help developers who build experiences on Roblox, to more easily create games and assets. The first two test tools create...more

Hogan Lovells

A general introduction to technology disputes in Mexico

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In Mexico, disputes involving technological assets tend mainly to concern the unauthorised manufacture, use and sale of software and inventions. Unfortunately, Mexico is a country that faces a serious piracy problem, of both...more

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