Expert Analysis

• Schumer Framework May Forge US Model On AI Governance

  

  Senate Majority Leader Chuck Schumer's proposed SAFE Innovation Framework may have the potential to generate thoughtful understanding and governance of artificial intelligence within a meaningful time frame, say Alan Charles Raul and Rimsha Syeda at Sidley.

• Trending At The PTAB: Cautionary Tale Of VLSI Challenger

  

  The U.S. Patent and Trademark Office's sua sponte director review of the Patent Trial and Appeal Board's Patent Quality Assurance v. VLSI decision and the ensuing sanction order show that parties practicing before the PTAB should exercise clarity and consistency in their representations to avoid abuse-of-process findings, say attorneys at Finnegan.

• Top 4 Employer AI Risks And How To Mitigate Them

  

  The use of generative artificial intelligence by employees to perform their job duties presents significant challenges to their employers, so companies are now left to adapt their businesses, processes and procedures to address this useful but potentially disruptive technology, say Randi May and John Walpole at Tannenbaum Helpern.

• The Basics Of Being A Knowledge Management Attorney

  Excerpt from Practical Guidance

  

  Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

• The Fed. Circ. In August: New Claim Constructions In IPR

  

  The Federal Circuit's recent decision to vacate a Patent Trial and Appeal Board ruling in Axonics v. Medtronic clarifies inter partes review petitioners' ability to respond to new claim constructions proposed after an IPR is instituted, raising strategic considerations for patent owners and petitioners, say Justin Gillett and Paul Stewart at Knobbe Martens.

• How 'Purely Legal' Issues Ruling Applies To Rule 12 Motions

  

  The U.S. Supreme Court's recent Dupree v. Younger holding that purely legal issues resolved on summary judgment need not be reraised in post-trial motions guides litigators on when to preserve certain arguments for appeal, but raises the question of how Rule 12(b) and (c) motion denials will be affected, say Blaine Evanson and Jeremy Christiansen at Gibson Dunn.

• Opinion

  Generative AI Is Essential To Patent Industry's Sustainability

  

  Ian Schick at Ethan Nathaniel discusses how stakeholders who leverage the power of generative AI now can flourish as the patent sector navigates the perfect storm of increased demand for patent applications and a declining number of early-career practitioners.

• 3 Lessons From Mock Trials That Attys Can Use In Practice

  

  The hordes of data gleaned from mock trial competitions can isolate the methods that maximize persuasion, providing key principles that attorneys in every practice area can incorporate into their real-world trial work, say Spencer Pahlke at Walkup Melodia and Justin Bernstein at UCLA.

• 3 Areas Look Ripe For New SEP Licensing, Litigation

  

  As we wait for standard-essential patent litigation over 5G, data compression and several other technologies have quietly developed elements that make them attractive to SEP holders, turning them into areas to watch for increased licensing and litigation in the near term, say Brian Johnson and Michael O’Mara at Axinn.

• To Hire And Keep Top Talent, Think Beyond Compensation

  

  Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

• 4 Ways Generative AI May Implicate Trademarks

  

  Attorneys at Covington consider generative AI's impact on intellectual property infringement as it applies to the trademark arena, assessing the risks of compromises in key scenarios including when AI-generated output is related to another entity's marks, goods or services.

• Opinion

  The Risks In Policymakers' Focus On Multiple PTAB Petitions

  

  Congress' and the U.S. Patent and Trademark Office's singular focus on reducing multiple Patent Trial and Appeal Board petitions represents an overcorrection, creating unsound rules and statutes that will inevitably disrupt the patent system's balance even further, says Ashraf Fawzy at Unified Patents.

• A Closer Look At China's Landmark Pharma Antitrust Ruling

  

  The Supreme People's Court's recent decision in Yangtze River Pharma v. HIPI Pharma — the first antitrust litigation in China's active pharmaceutical ingredient sector — indicates a balanced regulatory approach between competition concerns and intellectual property rights protection, say analysts at The Brattle Group.

• Perspectives

  More States Should Join Effort To Close Legal Services Gap

  

  Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

• Balancing SEC Cyber Compliance And Trade Secret Protection

  

  The U.S. Securities and Exchange Commission’s recently adopted rules requiring the disclosure of material cybersecurity incidents could implicate trade secrets, meaning companies should consider how to comply without compromising confidential information, say Daniel Garrie at Law & Forensics and Bradford Newman at Baker McKenzie.