Features
Ed Lanquist, Jr.
&
Dominic Rota
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.
Features
Peter Collins
In the hands of a motivated insider with only average technical proficiency, AI becomes a uniquely effective tool with which to penetrate an organization's complete security infrastructure for any number of malicious purposes.
Features
Logan Youngworth-Wright, Bowman Taylor
&
Rubin Sinins
The practice of seeking a "keyword warrant" is a technique of dragnet policing. A keyword warrant requires the production of all IP addresses for anyone who inputs a particular word or phrase into an internet search engine. The search results are then used to identify a device user.
Features
Chris O'Malley
The Federal Trade Commission in January provided more details on its proposed changes to the Children's Online Privacy Protection Rule, underscoring the need for online operators to review and prepare to update their policies and procedures.
Features
Avalon Zoppo
The U.S. Court of Appeals for the Third Circuit has been asked to decide whether TikTok's "highly personalized" algorithm that feeds videos to users is considered first-party speech not immune from civil liability by Section 230 of the federal Communications Decency Act.
Features
Stan Soocher
A recent New York federal court decision in a dispute between a broker that sublicenses program content and a broadcaster that sublicensed content from the broker considered the interaction of contract language and extra-contractual elements of the parties' relationship to determine whether a fiduciary relationship existed.
Features
Jonathan Moskin
&
Rachel Pauley
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.
Features
Jim Soong
Each decision involves reversal of a prior art rejection and contrasts with the other decisions on subject matter eligibility, revealing different PTAB approaches and results that can inform prosecution and appeal strategies.
Features
Leanne Rakers
&
Caley McCarthy
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.
Features
Mark Liang, Paige Hardy
&
Grace McFee
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.
