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A Diverse Patent Portfolio Better Protects Artificial Intelligence Inventions
This two-part article sheds light on several important aspects of patents on AI technology. In Part One, we provide a general overview of the IBM v. Zillow lawsuit and discusses strategies to diversify patent portfolios to maximize protection on AI-related technology. Part Two will focus on providing insightful tips on claim drafting, informed by the intricacies of claims in IBM's AI patents and advancements in AI technology.
Executive Overview
IBM sued Zillow in September 2019, alleging infringement of seven IBM patents directed to artificial intelligence (AI) algorithms for estimating property value. 2:20cv851 (W.D. Wash.) The lawsuit targeted Zillow's Zestimate service, which estimates a house's value using downloaded images of the house and neighborhood. IBM brought the litigation after three years of licensing negotiations broke down between the parties. While the infringement case is still ongoing, the Federal Circuit issued a decision to an intermediate appeal seeking invalidity of several IBM patents. IBM v. Zillow Grp., Inc., 50 F.4th 1371 (Fed. Cir. 2022).
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The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.