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President Biden issued an Executive Order on October 30, 2023 designed to place the United States at the forefront of law and regulation of Artificial Intelligence (AI). The Executive Order on the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” creates binding disclosure requirements for companies that are either developing certain large language AI models or acquiring or possess sufficient computing power to run such AI implementations (as described below). The Order also establishes, and directs several federal agencies to establish, industry benchmarks for ensuring robust, reliable, repeatable and standardized testing and evaluations of AI systems, create new standards for AI safety and security.

The Order contains a lot of detailed provisions and initiatives involving nearly every government agency and calling for wide-ranging studies and recommendations on nearly every facet of AI, significant provisions of which are described below.

Of particular note, however, the President invoked the Defense Production Act to impose certain requirements that will go into effect 90 days after the issuance of the Order. There are two significant requirements going into effect affecting companies that employ AI models and companies that employ or provide large computing capacity that can be used for AI.Continue Reading President Biden Issues Far-Reaching Executive Order on Artificial Intelligence

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On December 6, 2016, the U.S. Supreme Court, in Samsung Electronics Co. Ltd., v. Apple Inc., 580 U.S. ____ (2016), unanimously ruled that in multicomponent products, the “article of manufacture” subject to an award of damages under 35 U.S.C. §289 is not required to be the end product sold to consumers but may only be a component of the product.

In 2007, when Apple launched the iPhone, it had secured several design patents in connection with the launch. When Samsung released a series of smartphones resembling the iPhone, Apple sued Samsung, alleging that the various Samsung smartphones infringed Apple’s design patents. A jury found that several Samsung smartphones did infringe those patents. Apple was awarded $399 million in damages for Samsung’s design patent infringement, the entire profit Samsung made from its sales of the infringing smartphones. The Federal Circuit affirmed the damages award, rejecting Samsung’s argument that damages should be limited because the relevant articles of manufacture were the front face or screen rather than the entire smartphone.
Continue Reading U.S. Supreme Court Revisits Design Patent Damages

The symbol of copyright protection. Seal and imprintAs of December 1, 2016, the Copyright Office requires that each online service provider designate an agent to receive notifications of claimed infringement as required under the Digital Millennium Copyright Act (“DMCA”) by the Office’s new online system, located here: https://dmca.copyright.gov/osp/p1.html. This online registration system and corresponding electronically generated directory replace the Office’s old paper-based system and directory. As a result, the Office will no longer accept paper designations, and service providers that appointed agents under the old paper-based system must submit a new designation under the new online system by December 31, 2017 in order to maintain its safe harbor1 from copyright infringement.

The DMCA includes provisions directed to copyright infringement on the Internet, notice and takedown procedures for copyright owners to report claimed infringement and safe harbors from copyright infringement liability for online service providers. Generally, online service providers are considered to be any provider of online services or network access, such as, Internet service providers, websites, hosting companies, mobile app publishers, others that allow users to post or store material on their systems, and search engines, directories, and other information location tools, etc.
Continue Reading Online Service Providers – Important Update – Copyright Safe Harbor