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HHS, ONC HTI-1 Final Rule Introduces New Transparency Requirements for Artificial Intelligence in Certified Health IT
January 8, 2024 | Blog | By Pat Ouellette
The Department of Health and Human Services (HHS) was tasked with formalizing and coordinating efforts to regulate artificial intelligence (AI) in health care under the November 2023 Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (AI EO) and has already begun its regulation of AI within certain certified health IT. HHS and Office of the National Coordinator for Health Information Technology (ONC) recently published the Health Data, Technology, and Interoperability: Certification Program Updates, Algorithm Transparency, and Information Sharing (HTI-1) Final Rule.
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Biden Executive Order Calls for HHS to Establish Health Care-Specific Artificial Intelligence Programs and Policies
November 2, 2023 | Blog | By Pat Ouellette, Lara Compton, Madison Castle
On October 30, 2023, the Biden Administration released and signed an Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (Executive Order) that articulates White House priorities and policies related to the use and development of artificial intelligence (AI) across different sectors, including health care.
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NFTs: A Flash in the Crypto Pan or Virtual Gold? (Part 1)
August 2, 2022 | Blog | By Edmund P. Daley, Cory S. Flashner, Frank Gerratana
Benefits of Using Copyrights to Protect Artificial Intelligence and Machine Learning Inventions
July 11, 2022 | Blog | By Monique Winters Macek, Meena Seralathan
Five Tips For Every In-House Counsel Launching an Open Source Software Program
July 5, 2022 | Blog | By Marguerite McConihe, Greg Penoyer
Examining Art Units to Avoid Subject Matter Eligibility Challenges for Bioinformatics and AI-related Patents
November 18, 2021 | Blog | By Terri Shieh-Newton, Mark Hammond
Computer-based inventions – especially in the machine learning (ML), bioinformatics, and artificial intelligence (AI) fields – are susceptible to subject matter eligibility challenges. Subject matter eligibility challenges may prevent a patent application from being granted by the United States Patent and Trademark Office (USPTO) and may even be asserted to invalidate a patent post-grant. In recent years, the Federal Circuit has implemented a multi-step test to determine whether patent claims would survive a subject matter eligibility challenge.
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AI in Biotech and Synthetic Biology: What Can Be Protected? What Should Be Kept Secret?
August 11, 2021 | Blog | By Joshua Berk, Terri Shieh-Newton
Machine learning (ML), bioinformatics, artificial intelligence (AI), and other computational tools have become ubiquitous in the biotech and synthetic biology industries because such technology allows for rapid processing of a large amount of complex data to produce advancements in therapeutics and diagnostics. As the landscape becomes increasingly more competitive, it is important for companies, particularly in the aforementioned industries, to obtain patent protection for their AI-related technology.
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It’s Not Such a Breeze: Assessing Your Service Providers after SolarWinds
March 2, 2021 | Blog | By Michael Graif, Cynthia Larose
In the recent SolarWinds hack, the routine task of downloading a software update turned into a cybersecurity nightmare for over 18,000 organizations including the Treasury Department, AT&T and up to 85% of Fortune 500 companies. New York has the SHIELD Act, a statute that requires that organizations select third party service providers “capable of maintaining appropriate cybersecurity safeguards”.
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The Implications of Trump's Executive Order and Section 230 of the Communications Decency Act
June 3, 2020 | Blog | By Christian Tamotsu Fjeld, Christopher Harvie
FCC Simplifies Evaluations of Certain Wireless Medical Devices
December 11, 2019 | Blog
The Federal Communications Commission (FCC) regulates wireless medical devices in conjunction with the Food and Drug Administration (FDA), with the FCC’s role related to certain technical concerns such as the successful sharing of wireless frequency bands. Another area that FCC regulates is radio frequency (RF) safety – the possible harmful effects to human health from RF energy created by wireless devices. The FCC looks to health and safety agencies such as the FDA, EPA, and OSHA, to provide guidance and recommendations on what level of RF emissions are deemed “safe,” and then sets rules for how responsible parties must evaluate compliance with these limits. These rules on safe emission levels apply generally to devices that produce RF signals. The FCC proposed modifications to its RF safety rules in 2013, and finally on December 4, 2019, issued a decision that adopts many of its proposals.
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Blockchain in Energy: Regulatory Sandboxes and the Clean Peak Standard
November 6, 2019 | Blog
On September 20, 2019, the Massachusetts Department of Energy Resources (DOER) filed a Notice of Public Review of the proposed 225 CMR 21.00, the Clean Peak Energy Portfolio Standard regulation. DOER seeks public comment on the proposed regulation. Originally part of An Act to Advance Clean Energy, which was signed into law in 2018, the Clean Peak Energy Portfolio Standard, or Clean Peak Standard (CPS), is designed to reduce demand at peak times and to shift energy use at these times to clean energy source.
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Recap of Federal Register Notice on Artificial Intelligence (AI) Patent Issues
September 17, 2019 | Blog | By Marc Morley, Michael Renaud
Artificial Intelligence (AI) is increasingly becoming important across a diverse spectrum of technologies and businesses. As AI grows in importance in business and technology, so too grows the number of patent applications and the potential for uncertainty. Therefore, the U.S. Patent and Trademark Office (USPTO) must continue to ensure the appropriate balance in the administration of our IP system.
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Emerging Legal Trends AI: Can Israel Join the U.S. and Europe as a Leader in AI Protections?
June 10, 2019 | Blog | By Michael Renaud, Asa Kling, Marguerite McConihe
The intersection of artificial intelligence (AI) and intellectual property invokes fascinating theoretical questions. With these questions, however, come significant practical issues that businesses, legal practitioners, and governments need to address proactively. Israel is embracing the challenge.
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Blockchain in Energy: A Practical Path to Standardization
May 15, 2019 | Blog
Trump Administration Botnet Report Will Impact IoT Device Makers – Things You Should Know
June 25, 2018 | Blog | By Christopher Harvie, Cynthia Larose
Manufacturers of wireless devices used for Internet of Things (IoT) applications should take heed of new Trump Administration proposals aimed at reducing the cybersecurity threats from botnets and other automated and distributed attacks.
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Blockchains and Land Title Records
May 4, 2018 | Blog
Blockchains, best known as the technology behind digital currencies such as Bitcoin and Ethereum, are beginning to be implemented in a variety of commercial applications. The technology is attracting not only financial institutions and stock exchanges, but fields as disparate as the music, diamond, healthcare, insurance, and shipping industries.
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Optimizing Data Centers to Meet the Needs of Cryptocurrency Miners
April 17, 2018 | Blog
Data centers are the twenty-first century nexus between the commercial real estate and telecommunication business sectors. Owners, operators and developers of data centers face the difficult task of continually adapting to the rapidly evolving priorities of their ever expanding clientele in order to remain competitive and appealing to the largest number of actual and potential consumers.
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Blockchain in Energy – Where Do We Stand? Where Do We Go From Here?
March 16, 2018 | Blog
For all the publicity generated by the recent increase in value of Bitcoin, as well as the generally increasing awareness of the existence of blockchain technology, Greentech Media’s recent Blockchain in Energy Forum 2018 held in New York City demonstrated that the technology is incredibly young and all stakeholders—utilities, regulators, entrepreneurs, consumers and investors—are still struggling with the ultimate impact of distributed ledger systems.
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The Week Ahead - US v. Microsoft at SCOTUS
February 26, 2018 | Blog | By Cynthia Larose
The Supreme Court on Tuesday will hear arguments in United States v. Microsoft Corp., in which the court will decide whether a US technology service provider, Microsoft, must obey a search warrant for data stored in a foreign country.
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ClassCo, Inc. v. Apple, Inc.: A Reminder Of Obviousness Analysis Under KSR
January 6, 2017 | Blog | By Brad M Scheller, Anthony Faillaci
In ClassCo, Inc. v. Apple, Inc. the Federal Circuit upheld a decision from the Patent Trial and Appeal Board (“the Board”), which invalidated several claims of ClassCo’s US Patent No. 6,970,695 (“the ’695 patent”) that discussed caller ID technology that would verbally announce the name of an incoming caller before the call is connected.
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