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
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
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 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
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
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