Experience

Artificial Intelligence (AI) and Machine Learning (ML)

About

Artificial Intelligence (AI) and Machine Learning (ML) is part of our work in AI, Electronics, and Information Technology, Chemicals, Industrials, and Materials, Communications, Consumer Goods and Services, Energy, Hospitality, Gaming, and Leisure, Life Sciences, and Transportation and Logistics.

Using legal intelligence to navigate artificial intelligence

Advancements in artificial intelligence (AI) present novel challenges for businesses looking to invest in intellectual property. AI technology intersects with virtually every major industry. Companies are increasingly integrating AI into their products and business models, relying on AI to transform valuable data into predictable patterns and actionable intelligence. Staying ahead of the competition is key, so businesses need tools that will give them an edge. Protecting those investments and understanding the innovation landscape is where Finnegan comes in.

Understanding the law, science, and technology
Finnegan’s full-service AI practice offers a comprehensive approach, whether our clients are AI pioneers or companies seeking to adopt AI-powered technology for their businesses. We help clients understand novel questions of law to assess and mitigate AI-related risks, implement internal guidelines for AI adoption, develop governance frameworks, and determine the impacts of AI-related regulation. We also help clients protect their critical AI-related inventions through patents and/or trade secrets. It is crucial for design and development teams, which often create both works of copyrightable authorship and inventions, to understand the differing standards of authorship and inventorship required for copyright and patent protection when using AI to create works or assist in the creation of inventions.

We help clients looking to leverage AI technology by providing a full range of services:

Protecting AI:
• Developing and executing a comprehensive strategy to ensure strong patents and a robust IP portfolio that may include trade secrets and other intellectual property
• Writing opinions and providing ongoing counseling for new and evolving products
• Analyzing competitors’ IP to avoid infringement and identify weaknesses in their portfolios
• Increasing portfolio value by identifying potentially high-value assets that can be improved using strategic prosecution techniques
• Counseling on research and development options that minimize patent obstacles
• Advising on potential litigation strategies and deploying experienced trial and appellate teams

Copyright and AI:
• Guidance on the legal implications of training AI models on copyrighted works, as well as the allocation of potential liability for AI-generated outputs
• Counseling on the copyrightability of creative works incorporating AI-generated material and how to register such works with the U.S. Copyright Office
• Legal opinions regarding the use of AI in software development, including open-source software
• Advising on legislative and regulatory activities regarding AI and copyright, including the introduction of federal and state legislation, congressional forums and hearings, and proposed regulations by federal agencies

Privacy and AI:
• Guidance on the privacy implications of incorporating AI technology into business tools or practices
• Reviewing and negotiating the privacy terms in licensing agreements
• Drafting AI governance policies and frameworks

AI Licensing and Transactions:
• Preparing and negotiating licenses and other transactions to commercialize IP rights
• Providing due diligence for merger and acquisition targets
• Counseling on business-related matters, including antitrust and competition issues

Everyone in this industry

Experience

Finnegan assists OpenAI, a leading artificial intelligence (AI) research and deployment company with matters related to patent application drafting and global prosecution. We also provide patent counseling services.

Finnegan partners with AI21 Labs to protect its groundbreaking artificial intelligence (AI) technology related to natural processing language across the world.

Finnegan represents NeuroBlade, Ltd., a developer of artificial intelligence (AI) inference chips designed to address memory bottlenecks in data center and edge computing environments. The firm provides ongoing patent prosecution services, including drafting and prosecuting applications related to memory-based processors, distributed storage agents, and partial refresh algorithms. Finnegan supports NeuroBlade’s global IP strategy, advising on patent prosecution in the United States, United Kingdom, and multiple Asian jurisdictions.

Legal advisor for AI Progress, a coalition of technology companies dedicated to the responsible development of artificial intelligence (AI) tools. Coalition members include Amazon, Anthropic, Cohere, Google, Meta, Midjourney, Microsoft, and OpenAI.

Lead open-source software audits for manufacturers to assess license compliance and usage risks.

Guiding a multinational technology company through U.S. Patent and Trademark Office (USPTO) proceedings involving semiconductor manufacturing, image processing, and artificial intelligence (AI) technologies by leveraging advanced drafting and prosecution strategies to align with and support its business goals.