On August 5, 2022, in Thader v. Vidal, the Federal Circuit affirmed that patent inventors must be natural persons, rejecting a technologist's attempt to name an artificial intelligence as the sole inventor on patent...more
In a recent decision invalidating numerous claims of a patent related to cochlear implants for hearing loss, the PTAB found that Petitioner improperly relied on applicant admitted prior art (AAPA) as the “basis” for one...more
4/22/2022
/ Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Lack of Authority ,
Patent Applicants ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Statutory Authority
The Federal Circuit recently issued another decision in a longstanding dispute between Willis Electric Co. and Polygroup Ltd. involving two patents owned by Willis (U.S. Patent Nos. 8,454,186 and 8,454,187) directed to...more
2/3/2022
/ CAFC ,
Claim Construction ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Remand ,
Reversal ,
Vacatur
Trade Secrets in the HAV Industry Trade secrets are invaluable in the HAV industry as its growth accelerates in the fast lane. HAV players defend their technology aggressively against competitors and departing employees who...more
9/8/2021
/ Automation Systems ,
Automotive Industry ,
Confidential Information ,
Connected Cars ,
Driverless Cars ,
Intellectual Property Protection ,
Motor Vehicles ,
NHTSA ,
Proprietary Information ,
Regulatory Standards ,
Reporting Requirements ,
Safety Standards ,
Trade Secrets
A trade secret is any information used in one's business that derives independent economic value from being kept secret. Unlike patents, trade secrets are protected indefinitely for as long as they remain a secret. In the...more
AI is becoming ubiquitous across all industries. AI systems and services are embedded in everyday products and services, including Amazon's Alexa, Netflix streaming services, and Nest smart thermostats. AI systems are also...more
The Situation: Artificial intelligence ("AI") is being used to develop new inventions without human aid. As AI capabilities increase, patent offices around the globe are being confronted with difficult questions about whether...more
The emergence of artificial intelligence-related technology as a means of innovation has led to uncertainties for companies across industries, primarily because U.S. patent law has historically held that intellectual property...more
4/20/2020
/ Artificial Intelligence ,
Computer-Related Inventions ,
Copyright ,
Innovation ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Inventors ,
Patents ,
Popular ,
Trade Secrets ,
Trademarks ,
USPTO
The Situation: Artificial intelligence ("AI") is emerging as a key driver of innovation in the biopharmaceutical industry, which uses AI in research and development ("R&D") to analyze big data.
The Result: AI is already...more
12/20/2019
/ Artificial Intelligence ,
Biopharmaceutical ,
Biotechnology ,
Clinical Trials ,
Intellectual Property Protection ,
Life Sciences ,
Machine Learning ,
Patent-Eligible Subject Matter ,
Pharmaceutical Industry ,
Popular ,
Public Comment ,
R&D ,
Research and Development ,
USPTO
The Situation: Advances in artificial intelligence ("AI") are providing the ability to automatically create and design innovations without human assistance. AI's impact on patent, copyright, trademark, trade secret, and other...more
11/26/2019
/ Artificial Intelligence ,
Authorship ,
Comment Period ,
Computer-Related Inventions ,
Copyright ,
Copyright Office ,
Intellectual Property Protection ,
Inventions ,
Inventors ,
Patent Applications ,
Patent-Eligible Subject Matter ,
Patents ,
Popular ,
Public Comment ,
Trade Secrets ,
Trademarks ,
USPTO
The PTAB recently denied petitioner’s request for rehearing of a decision denying institution of inter partes review, rejecting the argument that the Board’s denial was based on an erroneous analysis of the “non-exhaustive”...more
9/10/2019
/ Denial of Rehearing ,
Evidence ,
Expert Witness ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Patent Litigation ,
Patent Owner Preliminary Response ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Subject Matter Experts (SMEs)
The Situation: Artificial intelligence ("AI") is growing more powerful and gaining application in many areas. AI can now create new innovation on its own, without a human inventor—a capability that will only expand as...more
9/9/2019
/ Artificial Intelligence ,
Computer-Related Inventions ,
Corporate Counsel ,
Intellectual Property Protection ,
Inventions ,
Inventors ,
Patent Applications ,
Patents ,
Popular ,
Public Comment ,
USPTO ,
Young Lawyers
President Trump's American AI Initiative is a far-reaching plan designed to ensure the United States remains a world leader in artificial intelligence research, development, and deployment. Jones Day's Emily Tait, Samir...more
5/22/2019
/ Artificial Intelligence ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Ethical Standards ,
Executive Orders ,
Export Controls ,
Government Agencies ,
Intellectual Property Protection ,
National Security ,
Popular ,
Regulatory Agenda ,
Technology Sector ,
Trump Administration
The Situation: With aging infrastructure threatening to slow implementation of automated vehicles ("AVs") and other connected technologies, the public–private partnership (variously referred to as "PPP," "P3," or "3P") is...more
3/28/2019
/ 5G Network ,
CFIUS ,
Cybersecurity ,
Foreign Investment ,
Infrastructure ,
Intellectual Property Protection ,
National Security ,
Popular ,
Privacy Concerns ,
Project Finance ,
Public Private Partnerships (P3s) ,
Public Projects ,
State and Local Government
The Situation: Artificial intelligence ("AI") technology is exploding across virtually all industries. Technology companies are innovating at warp speed, and even companies that do not principally identify as "technology...more
1/12/2018
/ Artificial Intelligence ,
Authorship ,
Copyright ,
Corporate Counsel ,
Intellectual Property Protection ,
Misappropriation ,
Patent Infringement ,
Patent-Eligible Subject Matter ,
Popular ,
Section 101 ,
Software Patents ,
Source Code ,
Technology Sector ,
Trade Secrets ,
Young Lawyers