Intellectual Property Report
Patent Trolls Come Under Increasing Fire in Federal Courts
Robert Maier, Michael E. Knierim, Coleman Strine*
A subject of extensive debate within the U.S. patent system has been the classification of “patent trolls”—most widely defined as individuals or companies that acquire patents solely for the purpose of assertion, often in cases without any merit, but which leverage the high cost of patent litigation defense to force small settlements. A number of measures have been enacted in the U.S. patent system to combat the troll problem. But despite these new options, the troll problem has persisted.
To read the full article, click here.
This article was previously published in the New York Law Journal on November 26, 2024.
*Coleman Strine, a law clerk at Baker Botts, assisted in the preparation of this article.
Trade Secret Litigation: How Will AI Innovations Likely Be Litigated?
Richard Harper
While trade secret law may not get as much attention as copyright battles, it’s going to be a major player in the future of AI. With decades of legal development, it’s an essential area where companies will need to protect their innovations – or fend off others doing the same.
This article examines the core elements of traditional trade secret misappropriation claims and their likely application to AI technology that continues to advance at seemingly warp speeds.
To read the full article, click here.
This article was previously published in the New York Law Journal on November 14, 2024.
This Month: Our Take on AI
Joseph Cahill
Navigating Ethical AI Guidelines: The American Bar Association (ABA) and several state bars, including California, Florida, New York, and New Jersey, have recently issued guidelines on the ethical use of generative AI in legal practice. A common theme across these guidelines is the duty of confidentiality and competence. For example, the State Bar of California emphasizes that lawyers must not input any confidential client information into AI tools and should adequately anonymize client data before use. New York's guidelines suggest that attorneys disclose their use of AI in initial client engagement letters, providing sample language to ensure transparency. Additionally, concerns about AI generating false or biased information highlight the importance of accuracy and truthfulness. The New Jersey State Bar warns that AI systems trained on biased data can exacerbate discriminatory practices, urging lawyers to thoroughly vet AI tools before incorporating them into their practice. As AI technology continues to evolve, attorneys must stay informed and exercise caution to uphold their ethical obligations while leveraging AI's benefits. You can read more about this development here: "Navigating Ethical AI Guidelines from the ABA and State Bars."
White House Emphasizes AI Safety and Security Standards: A recent White House memorandum underscores that prioritizing safety, security, and trustworthiness in AI development will yield long-term benefits, especially with the U.S. government poised to become one of the largest customers of AI technology. The memorandum warns that misused AI could threaten national security and undermine democratic institutions, signaling a clear intent from the government to enforce safety and security standards in AI development. Businesses that invest in developing AI systems meeting rigorous safety standards will not only likely comply with future regulations but also position themselves for lucrative government contracts and partnerships. Investing in safety and security upfront may require more resources, but the returns are exponential. I discuss this further in: "Aligning AI Development with White House Safety and Security Standards."
Global Approaches to AI Regulation: Countries worldwide are formulating strategies to balance the benefits of generative AI with potential risks. The European Union has enacted the AI Act, the world's first comprehensive legal framework for AI regulation, adopting a risk-based approach that categorizes AI systems based on their potential harm. Oversight is divided between national authorities and the European Commission's new AI Office. In contrast, the United States is taking an incremental approach, integrating AI provisions within existing legislative initiatives while focusing on preventing harm and investing in AI research and development. State-level regulations are emerging, leading to concerns about a confusing regulatory landscape and potential hindrance to innovation. The United Kingdom concentrates on empowering regulators rather than enacting new laws, aiming to foster innovation by strengthening existing regulatory bodies. Each regulatory landscape is likely to evolve as technology progresses. You can read a deeper analysis here: "Navigating Global Approaches to AI Regulation."
JPM Healthcare Conference Private Reception
Baker Botts and Salem Partners will be co-hosting a private reception to be held at Jasper's Corner Tap and Kitchen during the JPM Healthcare Conference on January 13, 2025!
If you're interested in joining us for drinks, light bites, and to watch the NFL playoff wild card game with a number of our clients and friends in the Life Sciences industry, please contact Elizabeth Van Wagner.
November 2024 Intellectual Property Report Recap
In case you missed it, here is a link to our November 2024 Intellectual Property Report that looked at:
- The Dangers of Secret Prior Art
- Third Quarter 2024 Federal Circuit Law Update
- This Month: Our Take on AI
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