Intellectual Property

  • Protecting Technology-Assisted Works and Inventions: Where Does Smart Technology End and AI Begin?

    At what point does a "smart" computing system, or advanced software program, qualify as AI in the eyes of pertinent regulatory or judicial authorities? When is an individual considered to have merely deployed an AI-based computing tool to assist with creating a work of art or conceiving of a technological innovation? Each of these questions is explored in this article, giving consideration to currently prevailing guidelines from administrative bodies and the courts.

    February 01, 2024Ed Lanquist, Jr. and Dominic Rota

  • All the News That's Fit to Pinch

    The emerging cases by authors and copyright owners challenging various generative AI programs for using copyrighted materials are certain to create new troubles for the courts being asked to apply the fair use doctrine to this important new technology.

    February 01, 2024Jonathan Moskin and Rachel Pauley

  • Treatment of Antibody Claims In the U.S. After 'Amgen v. Sanofi'

    The future of antibody claiming in the United States is uncertain following the U.S. Supreme Court's May 2023 ruling in Amgen Inc. v. Sanofi, a highly anticipated decision concerning enablement and whether the traditional way to claim antibodies — claiming antibodies by their function — will survive as a valid claiming strategy.

    February 01, 2024Leanne Rakers and Caley McCarthy

  • Can Artificial Intelligence Patents Overcome §112 Requirements?, Part 2

    Part Two of a Two-Part article While the last decade has seen a dramatic increase in the number of AI patents, such patents face difficulty in overcoming the patent-eligibility challenges under §101 and Alice. Section 101, however, is not the only hurdles AI patents must overcome. Section 112, with its written description, enablement, and definiteness requirements, presents additional obstacles.

    February 01, 2024Mark Liang, Paige Hardy and Grace McFee

  • How Patent Owners Can Leverage Climate Change Programs In Their IP Strategies

    The USPTO has created or expanded several programs to promote the development of sustainable energy. For patent owners and inventors in the energy sector, these programs can provide a financial and administrative edge for the development and protection of their intellectual property, as well as play a beneficial role their overall IP strategy.

    February 01, 2024Gregory D. Len and Rachel Sullivan

  • IP News

    In Patrick v. Poree, the United States Court of Appeals for the Eleventh Circuit affirmed the denial of default judgment and summary judgment of copyright infringement claims based on a lack of evidence that the plaintiff owned a valid copyright.

    February 01, 2024Howard Shire and Justin Tilghman

  • A Scoreboard of Notable Cases In AI and Copyright

    Artificial intelligence has dominated intellectual property news since the public introduction of OpenAI's ChatGPT, the generative AI chatbot, in November 2022. Now, 2024 starts off with court decisions and procedural rulings having taken shape in 2023 lawsuits that were filed over the collision of creative content with generative AI programs.

    January 01, 2024Stan Soocher

  • Can Artificial Intelligence Patents Survive Alice?

    Part One of a Two-Part Article Under the current Alice framework, those attempting to patent AI innovations face an uphill battle. But, as the caselaw demonstrates, inventors and patent drafters can take steps to reduce the risk of AI patent claims being invalidated as abstract ideas.

    January 01, 2024Mark Liang. Paige Hardy and Grace McFee