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While the case discussed in this article involved medical health technology, the implicated issues inform patent strategies for AI enabled inventions across all industries. Patent applicants should expect to see reliance by the Patent Office not only on its 2019 Guidance but also on its examples illustrating application of the guidance in the context of AI related innovation.
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Federal Circuit: District Court Did Not Err In Declining to Find Infringement By Moderna’s Activities Involving COVID-19 VaccineFederal Circuit: PTAB Did Not Err In Finding that Prior Art Reference Disclosed Negative Limitation Without Stating a Feature’s Absence
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A federal judge handed Meta a major win on June 24 in a closely watched copyright case over its use of books to train large language models, but the ruling stopped well short of giving tech companies blanket protection to scrape creative works for artificial intelligence.
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Liability management exercises (LMEs) have gained considerable attention during the past few years. Whether intended for good purposes or not, LMEs have significantly disrupted the traditional loan business through aggressive priming and subordination tactics — leading some to characterize this phenomenon as lender-on-lender violence.
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In today’s competitive marketplace, a company’s most valuable assets are often not found on its balance sheet. The proprietary formulas, customer databases, pricing models, and operational processes that give businesses their competitive edge represent intellectual capital that can literally be worth millions — or lost in an instant. As innovation drives business success, protecting these trade secrets has become critical to maintaining market position and profitability.
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In brand protection, as in bridge engineering, the strength of brand differentiation (trademark distinctiveness) depends on the integrity of each supporting cable. When one snaps, the question is not only whether you can fix that component, but also whether the whole structure will hold together long enough for the repair crew to arrive.
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In Ex parte Michalek, the PTAB evaluated an invention involving medical health technology and artificial intelligence. While this case involved medical health technology, the implicated issues inform patent strategies for AI enabled inventions across all industries.