Federal Circuit: Applicant Admitted Prior Art Cannot Provide a "Basis" for a Ground of Unpatentability in an IPR, But Can be Cited for Other Purposes Federal Circuit: After SAS, IPR Estoppel Extends to Prior-Art Grounds That Reasonably Could Have Been Raised in the Petition
Jeff Ginsberg and Ryan J. SheehanWhen Congress enacted the America Invents Act and created the inter partes review (IPR) proceeding, it limited an IPR petition to challenging patentability "only on a ground that could be raised under section 102 or 103 [i.e., anticipation and obviousness] and only on the basis of prior art consisting of patents or printed publications."
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Most firms are aiming their newest tools at the work they already do — pouring their most powerful technology into running the same tasks a little faster. But when everyone automates the same tasks at once, no one pulls ahead. That reaches the future a little faster while leaving a firm’s largest opportunity untouched — and that opportunity isn’t doing more of the existing work, but transforming how the high-value work gets done.
AI is becoming both an accelerant and a distraction for cybersecurity. In many respects, AI is acting as a stress test for existing security operations by exposing how difficult many organizations still find it to enforce basic controls consistently at scale.
Artificial intelligence is rapidly embedding itself into legal workflows, but much of the conversation treats all use cases as if they carry the same level of risk, even if they do not. The more useful question is not whether AI works, but where it can be safely applied and where it cannot.
AI-savvy lawyering is already something that clients are starting to demand. The technology is capable; the challenge now is cultural and organizational change.
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