As artificial intelligence (AI) technologies continue to transform industries and redefine business operations, the legal system is grappling with a parallel increase in AI-related litigation. Over the past five years, such litigation has grown at a 56.5% compound annual growth rate (CAGR), with more than 350 cases filed to date. In 2025 alone, 84 new […]
Litigation
Former FDA Economist Dr. Nikki Tavasoli Joins Ocean Tomo, a Part of J.S. Held
I am pleased to announce today that former FDA Economist Dr. Nikki Tavasoli, PhD, has joined Ocean Tomo, a part of J.S. Held. Dr. Tavasoli is an economist specializing in the application of econometric modeling, machine learning, and causal inference to high-stakes regulatory matters. Dr. Tavasoli’s Expertise With experience at the U.S. Food and Drug […]
Trade Secret Protection in the Age of Large Language Models: Risks, Reasonable Measures, and Legal Remedies
Introduction Large Language Models (LLMs) are a type of Artificial Intelligence (AI) system that can process and generate human-like text based on the patterns and relationships learned from vast amounts of text data 1. LLMs use a machine learning technique called deep learning to process text data from books, articles, web pages and other sources […]
Evolving Landscape of Technology Rights Enforcement
In this article, James E. Malackowski and Cole Kartman analyze the evolution of Technology Rights Enforcement (TRE) specific to patents, trade secrets, and copyrights and predict where the trends are heading.1 Introduction Established 25 years ago at the turn of the century by the World Intellectual Property Organization (WIPO), World IP Day celebrates the unique […]
Separating Patent Value From Uncertainty: Its Impact on Patent Litigation, Risk Mitigation, and Bargaining Position
Patent litigation is a high-stakes arena where the value of intellectual property and the uncertainty surrounding it collide. In October I will be presenting a paper at Northwestern University, which delves into this complex interplay.1 The paper employs an innovative approach to use patent litigation data as a means of exploring patent value and uncertainty […]
Case Law Update: Timing of Technical Expert Analysis of Non-Infringing Alternatives in Smart Path Connections
Recent case law may impact the timing of defendant technical expert analysis and opinion regarding non-infringing alternatives in patent infringement litigation. On March 13, 2024, Magistrate Judge Roy S. Payne, in the United States District Court for the Eastern District of Texas, Marshall Division, issued an order in Smart Path Connections, LLC, v. Nokia of […]
Women’s Representation in the Legal Industry
In honor of retired Justice Sandra Day O’Connor, the first woman to serve on the U.S. Supreme Court, who died in December 2023, this article examines women’s representation in the legal industry and in patent law. While an increasing number of women earn law degrees, women continue to be underrepresented as practicing attorneys and in […]
A Better Approach to Collaboration Between Technical and Financial Experts in Intellectual Property Litigation
Technology related litigation, e.g., patent infringement and trade secret misappropriation matters, requires an explanation of complex concepts to the judge and jury. The responsibility for such explanations often falls to experts. Technical experts in patent infringement matters describe how elements of the asserted patent claims are (or are not) embodied in the accused product, to […]