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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).
This litigation reveals several takeaways about how to build a robust patent portfolio to protect AI inventions. First, notwithstanding a speedy allowance and persevering invalidity challenges, proving patent infringement on a specific AI algorithm can be onerous, so including additional patent claims targeting ancillary features of an applied AI system can be advantageous. Second, AI patent claims benefit from unique claim drafting techniques, specifically by separating the claimed method steps of training the AI model and those executing the AI model. Third, because the AI industry has a tendency to openly share new ideas, promptly protecting a new AI algorithm in a patent application is important to protect against waiver of patent rights.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.