Key Takeaway: When facing a patent infringement suit, accused infringers traditionally turned to inter partes review (IPR) as a faster, more cost-effective alternative to district court litigation. However, recent guidance...more
8/5/2025
/ Artificial Intelligence ,
Copyright ,
EU ,
Ex Partes Reexamination ,
Intellectual Property Litigation ,
Inter Partes Review (IPR) Proceeding ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Prior Art ,
Semiconductors ,
USPTO
As reported, on July 23, 2025, the White House released "Winning the AI Race: America's AI Action Plan," a strategy designed to secure U.S. leadership in artificial intelligence. This plan, which includes over 90 federal...more
8/4/2025
/ AI Act ,
Artificial Intelligence ,
California ,
EU ,
Export Controls ,
Foreign Direct Product Rule ,
National Security ,
Patents ,
Regulatory Requirements ,
Risk Management ,
Semiconductors ,
U.S. Commerce Department ,
USPTO
On July 23, 2025, the White House published its much-anticipated “America’s AI Action Plan” (the Plan), a comprehensive strategy designed to advance U.S. global leadership in artificial intelligence (AI). Developed under the...more
7/29/2025
/ Artificial Intelligence ,
Cybersecurity ,
Deregulation ,
Export Controls ,
Federal Funding ,
Government Agencies ,
Infrastructure ,
Innovation ,
National Security ,
Popular ,
Power Grid ,
Regulatory Reform ,
Semiconductors ,
Supply Chain ,
Technology ,
Trump Administration
On July 1, the U.S. Senate voted to fully remove the previously proposed ten-year moratorium on regulation of Artificial Intelligence by states (“AI Moratorium”), after the provision’s passage by the House. Despite a number...more
7/16/2025
/ Algorithms ,
Artificial Intelligence ,
Compliance ,
Consumer Privacy Rights ,
Data Privacy ,
Legislative Agendas ,
Machine Learning ,
New Legislation ,
Privacy Laws ,
Regulatory Agenda ,
Regulatory Requirements ,
Risk Management ,
State and Local Government ,
Technology Sector
The PTAB has returned to a more flexible and discretionary approach to denying post-grant proceedings, reintroducing the Fintiv factors and adding new considerations such as settled expectations and USPTO workload. These...more
7/10/2025
/ AI Act ,
Artificial Intelligence ,
Budget Reconciliation ,
Copyright ,
Copyright Infringement ,
e-Books ,
Fair Use ,
Intellectual Property Litigation ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
USPTO
The European Commission recently launched a public consultation on the implementation of the AI Act, primarily focused on the classification (and ultimate regulation) of “high risk” AI systems. The AI Act employs a risk-based...more
7/8/2025
/ AI Act ,
Algorithms ,
Artificial Intelligence ,
Copyright Infringement ,
Copyright Litigation ,
Data Breach ,
EU ,
European Commission ,
Fair Use ,
Legal Technology ,
Machine Learning ,
Proposed Legislation ,
Regulatory Requirements ,
Risk Management ,
Thomson Reuters ,
Unjust Enrichment
The U.S. House of Representatives has passed, as part of a larger omnibus budget bill, a 10 year moratorium on regulation of AI by the states. If passed by the Senate, this provision would be one of the most significant...more
6/16/2025
/ AI Act ,
Artificial Intelligence ,
Export Controls ,
Federal Budget ,
New Legislation ,
Popular ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Requirements ,
State Privacy Laws ,
Texas ,
U.S. Commerce Department
Key Takeaway: This article explores the unique procedural and strategic considerations for litigating SEP cases at the ITC, and what to know when navigating this complex and evolving landscape. The U.S. International Trade...more
6/3/2025
/ AI Act ,
Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Intellectual Property Litigation ,
International Trade Commission (ITC) ,
Machine Learning ,
New Legislation ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Proposed Legislation ,
Standard Essential Patents
On May 13, the U.S. Commerce Department officially declared its intent to rescind and replace the AI Diffusion Rule issued during the final weeks of the Biden administration. Slated to go into effect on May 15, the rule had...more
On April 18, 2025, the United States Court of Appeals for the Federal Circuit ("Federal Circuit") issued a significant decision in Recentive Analytics, Inc. v. Fox Corp., Case No. 2023-2437 (Apr. 18, 2025), affirming...more
In an unprecedented test of courtroom technology boundaries, the New York State Supreme Court Appellate Division recently halted proceedings when it discovered pro se litigant Jerome Dewald had submitted an AI-generated...more
4/16/2025
/ Artificial Intelligence ,
Employment Litigation ,
EU ,
Governor Vetoes ,
Legal Technology ,
New Legislation ,
Popular ,
Regulatory Agenda ,
Regulatory Requirements ,
State and Local Government ,
Virginia
The recent decision in Thaler v. Perlmutter et al., No. 23-5233 (D.C. Cir. 2025) offers continued guidance on whether “authorship” can be attributed to AI systems (i.e., non-humans) under Copyright Law. The D.C. Circuit...more
Everyone is talking about DeepSeek for its increase performance and efficiency. However, with that comes additional risks, as DeepSeek is subject to Chinese national law, and there are still many unanswered questions...more
This Article analyzes over 89,000 patents litigated over a twenty-year period to determine how the number of office actions to allowance during prosecution impacts rates of invalidity during subsequent litigation. Many...more
It is well established that “a petitioner in an inter partes review … is not permitted to assert a ground of unpatentability under 35 U.S.C. § 112.” Dexcowin Golabl, Inc. v. Aribex, Inc., IPR2016-00436, Paper 12 (PTAB July 7,...more
2/4/2025
/ Artificial Intelligence ,
Copyright ,
Data Privacy ,
Data Protection ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Legal Technology ,
Machine Learning ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Regulatory Reform ,
USPTO
Everyone seems to be talking about DeepSeek, and its latest AI technologies. But what is DeepSeek? What has it produced? And why is everyone talking about them? This client update is intended to provide some of the basic...more
2/3/2025
/ Artificial Intelligence ,
China ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Machine Learning ,
Popular ,
Risk Management ,
Risk Mitigation ,
Technology
Glass Lewis, one of the leading proxy advisory firms, recently updated its policy guidelines for 2025 to include recommendations regarding board oversight of AI. In the new guidelines, Glass Lewis emphasizes the importance of...more
The rise of generative Artificial Intelligence (AI) presents lawyers with powerful tools and tactical advantages to streamline many aspects of their practice. AI helps lawyers provide more efficient, effective legal services...more
1/29/2025
/ Algorithms ,
Artificial Intelligence ,
Bias ,
Compliance ,
Discovery ,
Evidence ,
Legal Ethics ,
Legal Technology ,
Litigation Strategies ,
Risk Management ,
Technology-Assisted Review
Can AI be used to draft a patent application? The answer is complicated. The capabilities of AI have been advancing very rapidly, which seems to suggest that it could be possible. For example, at the end of 2024, a leap...more
1/23/2025
/ Artificial Intelligence ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Innovative Technology ,
Intellectual Property Protection ,
Legal Technology ,
Machine Learning ,
Patent Applications ,
Patents ,
USPTO
The rise of generative Artificial Intelligence (AI) presents lawyers with powerful tools and tactical advantages to streamline many aspects of their practice. AI helps lawyers provide more efficient, effective legal services...more
12/12/2024
/ Artificial Intelligence ,
Continuing Legal Education ,
Ethical Standards ,
Federal Rules of Civil Procedure ,
Innovative Technology ,
Legal Ethics ,
Legal Operations ,
Legal Project Management ,
Legal Technology ,
Machine Learning ,
Rules of Professional Conduct ,
Sanctions
Last month, the New York State Department of Financial Services (“DFS”), which has broad regulatory powers over financial services-related entities and insurance companies operating in New York State, published guidance...more
11/6/2024
/ Artificial Intelligence ,
Covered Entities ,
Cybersecurity ,
Data Management ,
Financial Institutions ,
Financial Services Industry ,
New York ,
NYDFS ,
Risk Assessment ,
Social Engineering ,
Third-Party ,
Training ,
Unauthorized Access
On September 23, 2024, the Department of Justice updated its guidance on the Evaluation of Corporation Compliance Programs to include questions specifically focused on companies’ use and implementation of artificial...more