Krish Gupta

Erise and shareholders Jennifer C. Bailey, Eric Buresh, Michelle Marriott, Megan Redmond - Founding Member, Erise IP, and Adam Seitz are included in this year’s IAM Patent 1000, a guide to the world’s leading law firms and practitioners. Eric, Michelle, Megan, and Adam were recommended for patent litigation and Jennifer was recommended for patent prosecution. https://lnkd.in/g2ZVgrsn

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My Foley colleagues discuss the CHIPS Act and the new era of semiconductor innovation in this Innovative Technology article. Click below to learn more. #InnovativeTechnology #IP #Semiconductors

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The Government's efforts to secure the semiconductor supply chain continue, with a new Advanced Notice of Proposed Rulemaking recently issued by the FAR Council. Read all about in our latest Miller & Chevalier Chartered government contracts alert from my colleagues Ashley Powers and Alejandro (Alex) Sarria. #governmentcontracts #supplychain #semiconductors

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If you’re interested in how advances in AI are impacting intellectual property law and the creation of new IP, I recommend this article by Marc Vockell at The University of Texas System. It is well written and a great place to start on this topic. https://lnkd.in/gqqivjWp #artificialintelligence #technology #AI

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Lowenstein Sandler has represented Applied Digital (NASDAQ: APLD) in three major transactions over the past two weeks, including a $160M strategic financing, a $53.2M issuance of convertible preferred stock, and a $250M committed equity facility, reinforcing Applied Digital's position in the high-performance computing and data center sectors. The deal teams for all transactions included Steven E. Siesser, Brooke Gillar, Kaitlyn Baietto, Donna Calia, and Bonnie Schipper. Alan Sun, Marianna Shelenkova, Louise Gong, and Emily Jewell assisted on the $160M private placement. Kate Basmagian, Sarah Cole, Marianna Shelenkova, Emily Jewell, and Melissa Parres assisted in the issuance of convertible stock. Kate Basmagian and Sarah Cole assisted on the committed equity facility. https://bit.ly/3ZlMn3x #lawyers #securitieslaw #corporatelaw #techlaw #mergersandacquisitions #privateequity

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The Federal Circuit has overhauled the approach to design patent obviousness, discarding the long-standing Rosen-Durling test in favor of the more flexible Graham test used for utility patents. This decision in the LKQ Corp. v. GM Global Tech case aims to align design patent standards with Supreme Court precedent, promoting a broader and more flexible standard. While this change aims for consistency, it also introduces uncertainty for the validity of many design patents. Read more: https://lnkd.in/gQpunpnP

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I’m interested in how AI is impacting law practice. The U.S. Patent and Trademark Office has issued guidance on how to determine inventorship when AI was involved in creating the invention. In 2022, in Thaler v. Vidal, the Federal Circuit held that “only a natural person can be an inventor, so AI cannot be.”  So, how can something developed by AI be patented? ·      The guidance reaffirms the Federal Circuit decision: Named inventors must be “natural persons.” A non-human, such an AI system, cannot be listed as inventor, even if it was “instrumental” in creating the invention. ·      A person named as inventor must make a “significant contribution” to any AI-assisted invention. ·      This is determined by existing inventorship law: The inventor must contribute in some significant way to the invention’s conception or reduction to practice. ·      USPTO gives an example: A person who merely 1) recognizes the need for a new design to solve a specific problem, 2) prompts an AI system to create a design, and 3) reviews the design outputted by the AI system, has not made a significant contribution. ·      On the other hand, a significant contribution “could be shown by the way the person constructs the prompt in view of a specific problem to elicit a particular solution from the AI system.” ·      These distinctions could be difficult to make in practice. It will be interesting to see how this plays out in real world examples as AI develops and its use in creating inventions increases. ·      The USPTO guidance tells us that inventors using AI should be prepared to demonstrate, with supporting documentation, the specific things they did to contribute to the invention and how AI was used to assist. https://lnkd.in/g6gx_eTV #artificialintelligence #technology #AI

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In his article, partner Rob Maier discusses 'Luv n' Care v. Laurain and Eazy-PZ' and highlights how the case is a helpful reminder that the unclean hands doctrine is alive and well in the patent disputes context, and can be a powerful tool in an accused infringer’s defense arsenal:

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📚 Read our newest IP practice tip focusing on reissue and reexamination! 💡 This month, Jason Eisenberg and Jessica J. Harrison, BSECE, MSECE, JD share invaluable insights on strategies for patent owner reexamination requests, pitfalls to avoid in reissues, and savvy tactics for requesters to protect their request documents against potential patent owner amendments and arguments. Read more: https://lnkd.in/eifPP_Qz #Reissue #Reexamination #USPTO #Patent

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Interesting findings from Questel / ConcurIP's 5G report. In standard essential patents, the issue of "over-declaration" comes up a lot, but this is the first time I have seen it quantified with an extensive manual review. According to the report, only 20% of the patent families declared to ETSI as essential actually are, in fact, essential.

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I hope you can join me and the esteemed panelists at NYIPLA's One-Day Patent CLE Seminar, a program exploring the latest issues, trends, and legislative initiatives in intellectual property, which includes the following panel on AI and the Practice of Law: Ethical and Practical Issues of Using GenAI.

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In this article, J. Derek McCorquindale, David Lefcowitz and Matthew Berntsen Bernsten examine how courts handle post-grand proceedings in #patent cases through Judge Williams’ decision in IBM v. Zynga. https://bit.ly/4gBRLFb

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Role of technology is increasing in strategic IP commercialization. Effective use of technology tools helps in various analytics needed, but helps also in competitive intelligence, technology scouting and so on. Here is my blog discussing a few examples. https://lnkd.in/eb8jf_mK

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The latest update from the USPTO on inventorship for AI-assisted inventions provides crucial guidance that clarifies subject matter eligibility, especially under the Alice/Mayo test. With expanded examples and streamlined processes, this update is essential reading for anyone navigating patent law—from inventors and practitioners to examiners. Read more in this article authored by Arjun P. and Gary Sorden for Bloomberg Law. https://lnkd.in/epd5vdfa #PatentLaw #Innovation #USPTOUpdate #ColeSchotz #IPLaw

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