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The USPTO Proposes Steep RCE Fees. Will Patent Prosecution and Appeal Strategies Change?

As discussed in two of our recent blogs (here) and here), the United States Patent and Trademark Office (USPTO or Office) recently proposed substantial patent fee increases for continuing applications and terminal disclaimers. The USPTO is also proposing substantial increases for an applicant to request continued examination of an application whose claims have been rejected, … Continue Reading

Why the Taylor Swift AI Scandal is Pushing Lawmakers to Address Pornographic Deepfakes

Last month, viral AI-generated pornographic pictures of Taylor Swift circulated on X (formerly Twitter), with one post remaining for 17 hours and receiving more than 45 million views, 24,000 reposts, and hundreds of thousands of likes before the verified account was suspended for violating platform policy. The images, allegedly created using a company’s text-to-image tool … Continue Reading

The Potential Mushroom Effect of the USPTO’s Mushrooming Patent Application Fees

The United States Patent and Trademark Office’s (USPTO) recently proposed patent fee increases could have far-ranging consequences for applicants looking to build a patent family from a single patent application. In this first of a series of blogs, we will discuss the potential consequences of the USPTO’s proposed fee increases for continuing applications, including continuation, … Continue Reading

Apple v. Rivos: Lessons for Companies Facing Claims of Trade Secret Theft (US)

Our colleagues at Employment Law World recently blogged about a recent trade secrets decision from the Northern District of California, Apple v. Rivos. The case involved a common fact pattern: numerous employees were hired away from Apple by Rivos and Apple brought claims for trade secret misappropriation (among others). The court dismissed the claims against … Continue Reading

New Social Media Guidance for 2024 Olympians

The opportunity to compete at the Olympic Games represents one of the most honorable achievements of any athlete’s career. And while Olympians may have always been trailblazers in the world of sports, today’s competitors are more than just athletes – they are brand ambassadors, marketing representatives, and social media influencers. While an athlete’s ability to … Continue Reading

Don’t Fall for These Ubiquitous Trademark Scammers

Over the past several months, we have seen an increase in notices from alleged trademark firms. The emails are identical or substantially similar to the following: Hi [recipient], I hope this email finds you in good health. I am writing to you on behalf of the legal department of [Trademark Firm]. We have received an … Continue Reading

The California Age-Appropriate Design Code Act Enjoined

On September 18, 2023, NetChoice, LLC — a national trade association with members from the tech and social media industry — obtained a preliminary injunction from the District Court for the Northern District of California preventing the State of California from enforcing the California Age-Appropriate Design Code Act (“AADC” or the “Act”). The reason? The … Continue Reading

Who Invented This? The Continuing Importance of Human Ingenuity in Patenting AI Related Inventions

Artificial Intelligence (AI) systems are becoming an increasingly important part of our lives and are affecting almost every industry. In compliance with section 5.2(c)(i) of the President’s October 30, 2023 Executive Order (EO) 14110, titled “Safe, Secure, And Trustworthy Development and Use of Artificial Intelligence (AI)”, the US Patent and Trademark Office (USPTO) has issued … Continue Reading

A Proposed Likeness Law Paves the Way for a New Federal Right of Action

In the age of generative AI, it is easier than ever to make an unauthorized AI replica of our favorite celebrities. Using AI algorithms, deepfake technology can create authentic-looking, fictional reproductions, making it quite difficult to spot the difference between a real and a fake. Many of us see AI generated songs and recordings on … Continue Reading

How Artificial Intelligence is Changing the Game of Professional Sports

We previously reported that artificial intelligence (“AI”) is changing the landscape of all aspects of our modern economy. The world of professional sports is no exception. Emerging technologies are transforming the games we know and love. From player recruitment to athlete recovery, AI’s integration into sports is opening doors for optimized performance and real-time risk … Continue Reading

G7 Endorse Voluntary Code of Conduct for Advanced AI Systems prior to UK Global

2023 has been the year that governments, regulators and international organisations have all sought to get to grips with the challenges of regulating AI including the publication in April of the UK government’s policy paper outlining its proposed approach to AI regulation; the EU’s AI Act which may shortly become the world’s first piece of … Continue Reading

UK Online Safety Act Becomes Law

The often-controversial UK Online Safety Act (the OSA) has finally become law after receiving Royal Assent yesterday, heralding the end of the era of largely self-regulation for user generated content by technology platforms, whether large or small. The OSA will impose new duties on all providers who host “user generated content” (i.e. services which allow … Continue Reading

Federal Policymakers: Chasing the Runaway AI Train

The U.S. is generally viewed as “behind” in its regulation of AI compared to the European Union and Asian countries. Yet ChatGPT’s release triggered a tsunami of U.S. legislation in 2023 from federal and state legislators seeking to address perceived concerns with the emerging and fast evolving technology. State legislatures have introduced nearly 200 AI … Continue Reading

The Year of AI Continues: U.S. Copyright Office Wants Your Thoughts on the Potential Regulatory Framework for AI

2023 has been a watershed year for AI with its entry into the broader public consciousness. AI has been front and center in the legal space as well, as this blog has detailed here and here. Now, the U.S. Copyright Office (USCO) is seeking public comments on the various legal, technical and policy issues raised … Continue Reading

U.S. Outbound Investment Restrictions and Notification Requirements Mandated by Executive Order: Currently Limited to Certain Investments in China Tech

U.S. businesses and investors may be subject to new compliance requirements for outbound investments in certain technology sectors pursuant to U.S. President Joe Biden’s Executive Order (“EO”), titled “Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concerns,” and the corresponding the Advance Notice of Proposed Rulemaking (“ANPRM”) issued by … Continue Reading

Patent Linkage Litigation in China: A Two-Year Review

On June 1, 2021, the Fourth Amendment to the Chinese Patent Law became effective. An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman … Continue Reading

Generative AI Is Changing How We Do Business and How We Practice Law

The news about Steven Schwartz, the attorney who asked ChatGPT, an artificial intelligence chatbot, to find cases relevant to his client’s lawsuit only to submit a brief full of bogus caselaw, spread gleefully fast, as embarrassing news does. And although we shook our heads in disapproval, I suspect many attorneys were grateful to Mr. Schwartz. … Continue Reading

EU AI Act Proposal and Regulation of Financial Services

The EU is at the forefront of the commitment to regulate Artificial Intelligence (AI) technology to ensure better conditions for the development and use of this innovative technology. In 2020, the European Commission published a white paper on AI and stated therein the urgency to address the challenges of complexity, unpredictability, and autonomous behaviour of certain … Continue Reading

Copyright protection for AI works: UK vs US

The use of artificial intelligence (“AI”) is growing, but whether AI-generated works can be protected by copyright remains unclear and the position is inconsistent across different jurisdictions including the UK and USA. A recent US case, concerning a comic book which included AI-generated images, offers an opportunity to contrast the two countries’ approaches to AI-generated … Continue Reading

The Nine Greatest Experts on the Internet, NOT! – The Supreme Court Considers the Algorithm in Google and Twitter

“You have the Truman Show versus a horror show,” said litigation legend Lisa Blatt during oral arguments in Gonzalez v. Google. Gonzalez is one of two cases recently decided by the Supreme Court dealing with the imposition of liability on websites that host user-generated content (UGC) for the actions of their users. But more broadly, … Continue Reading

The Rise of Influencer Marketing – Contractual Considerations

According to the UK’s Department for Digital, Culture, Media and Sport report on influencer culture, the global sector is expected to grow from $6.0 billion in 2020 to $24.1 billion by 2025, at a compound annual growth rate of 32%. Influencer marketing offers brands a unique opportunity to target and connect with online communities, using … Continue Reading

Federal Circuit Holds that Software Plaintiff Bears Evidentiary Burden of Copyrightability Where Defendant’s Evidence Shows Some Elements Not Copyrightable

In a case that could have some lasting impact, the Federal Circuit recently affirmed a 2020 ruling by Judge Rodney Gilstrap in the Eastern District of Texas dismissing claims that a competitor infringed non-literal elements of the plaintiff’s software. Because defendant World Programming Limited (“WPL”) had shown that some elements of plaintiff SAS Institute’s (“SAS”) … Continue Reading

Automating Entertainment: Writers Demand that Studios Not Use AI

When the Writers Guild of America (WGA) came with their list of demands in the strike that has already grinded production on many shows to a halt, chief among them was that the studios agree not to use artificial intelligence to write scripts. Specifically, the Guild had two asks: First, they said that “literary material,” … Continue Reading

Don’t let the Sun Go Down on EU 2: Proposed further changes to UK plans for Retained EU Law post Brexit and guidance on IP provisions

We reported last week on the UK government’s decision to reduce the scope of its proposed Retained EU Law (Revocation and Reform) Bill. As originally drafted had that bill become law then all direct EU legislation currently retained as UK law would have automatically lapsed at the end of this year unless specifically retained or … Continue Reading
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