AI has progressed within the last several years to do remarkable things. In February of this year, OpenAI unveiled Sora, an impressive text-to-video AI generator that produces high quality videos. This new generative AI innovation uses basic text prompts to generate up to 60-second videos. Like all generative AI tools, there are concerns about how the model is trained and the composition of the training data. The potential ethical and societal…
Lawmakers in New York passed a bill in June of 2023 to ban noncompetes statewide. Although Gov. Kathy Hochul vetoed the bill in December 2023 due to overbreadth, citing concerns regarding its impact on the economy, the governor noted she favored a ban on noncompetes for middle-class and low-wage workers. Lawmakers plan to reintroduce a revised bill in 2024. Noncompetes are increasingly being banned by states, and a proposal to…
Bio/pharma patents are rarely targeted in inter partes review (IPR) proceedings because their technical vulnerabilities often relate to written description and/or enablement. IPR, of course, is restricted in scope to grounds of unpatentability that are based on patents and printed publications. Claims in the unpredictable arts, even when challenged in IPR, can be relatively tougher to invalidate as compared to patents in the predictable arts. Section 112 (written description) issues…
Intervening rights - Intervening rights stem from the inequities of a person obtaining a patent — and thus putting the public on notice as to a claimed invention — and then later changing the scope of the claimed invention through a reissue application. Whether the scope of the reissue patent is broader than the original patent, or narrower to avoid prior art, so long as the scope of the claims…