Patent Law Weblog
recent posts
- Why the Alice Test is Stupid, Part IV: The Usefulness Paradox
- Teva Capitulates to Federal Trade Commission Coercion
- USPTO Issues Memoranda on Subject Matter Eligibility
- USPTO Revokes Guidance on AI-Assisted Inventorship, But Rules Remain Basically the Same
- Why the Alice Test is Stupid, Part III: Eligible Independent Claims Can Have Ineligible Dependent Claims
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Category: Artificial Intelligence
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By Joshua Rich — As discussed in our earlier post, Microsoft opened its motion to dismiss portions of the New York Times's OpenAI case pled against it with an extended analogy to the Betamax case. It argued that the Times was acting like the Motion Picture Association of America in crying wolf over the death…
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By Joshua Rich and Michael Borella — Responding to the OpenAI brief that read more like a press release than a traditional motion to dismiss, the New York Times attacked OpenAI's approach from the very first sentence, calling the factual background of OpenAI's brief "grandstanding about issues on which it hasn't moved." The Times echoed…
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By Joshua Rich and Michael Borella — Like OpenAI before it, Microsoft has sought to dismiss portions of the lawsuit the New York Times has brought against it over ChatGPT. While raising some of the same arguments, Microsoft takes a more traditional path with its motion relying on the facts pled in the Times's complaint. …
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By Joshua Rich and Michael Borella — In response to the lawsuit the New York Times has filed against it, OpenAI has sought to dismiss portions of the complaint.[1] But instead of filing a traditional motion to dismiss that argues that the allegations of the complaint are insufficient to support legal liability, OpenAI went…
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By Aaron Gin and Michael Borella – On February 12, 2024, the U.S. Patent and Trademark Office released detailed guidance regarding inventorship of inventions created with the assistance of artificial intelligence (AI). The guidance, signed by Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO, is scheduled to be published in the…
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By Aaron Gin — This week, the U.S. National Science Foundation (NSF) alongside public and private sector collaborators launched the National Artificial Intelligence Research Resource (NAIRR) pilot program. NAIRR seeks to advance AI discovery and innovation by making resources available from 11 different federal agencies and over 25 private companies. The pilot program was formed…
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By Michael Borella — After two-and-a-half years of negotiation disrupted by the rise of generative models, the European Parliament and the European Council have reached a provisional understanding of how artificial intelligence (AI) should be regulated within the European Union (EU). The goal is to promote the investment in and use of safe AI that…
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By Joshua Rich — Aside from the actual games on the field, the college football press has been fixated on one story over the past several weeks: the Michigan "sign stealing" controversy. Michigan head coach (and former Chicago Bears quarterback) Jim Harbaugh has been suspended from appearing at the field for the last three games…
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By Michael Borella — We are at the beginning of what promises to be a wave (potentially a tsunami) of complaints filed against the companies behind generative AI models (e.g., OpenAI). Recent lawsuits from Paul Tremblay and Mona Awad (Tremblay and Awad v. OpenAI Inc. et al. — Northern District of California, No. 3:23-cv-03223), Sarah…
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By Michael Borella — As a follow up to last week's article about the Biden executive order on artificial intelligence (AI), this is a brief overview of one of its provisions that has proven to be controversial — namely, the additional scrutiny that the government plans for AI models and computing clusters over a certain…
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