Thought Leadership - Manatt, Phelps & Phillips, LLP

CO Enacts “High-Risk” AI Law Regulating Deployers and Developers, Including Health Care Stakeholders

On Friday, May 17, Colorado Governor Jared Polis, with noted reservations, signed into law SB205, a consumer protection law which imposes significant requirements on developers and deployers of “high risk&rdquo...

NIST Releases New Draft Guidance to Improve Safety, Security and Trustworthiness of AI Systems

The flurry of AI-related activity has certainly begun. Earlier this week, the Department of Commerce’s National Institute of Standards and Technology (NIST) released new draft guidance to improve the safety, security and trustworthiness of...

Manatt Launches Health AI Policy Tracker

Manatt’s new Health AI Policy Tracker identifies key federal and state AI policy activity most relevant to the health care industry.

Discretionary Denial Requires Compelling Analysis Only After Fintiv Factors Support Denial

In Commscope Techs. LLC v. Dali Wireless, Inc.¹ the Director of the U.S. Patent Office issued a precedential decision that discretionary denial requires the Patent Trial and Appeal Board (PTAB) to perform the compelling merits analysis that at least one claim is unpatentable only after first determining that Fintiv factors 1–5 support denial of institution.

HIPAA Enforcer Updates Guidelines on Online Tracking Amid Calls for Clarity: Key Takeaways

On March 18, 2024, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) updated its December 2022 guidance for HIPAA-regulated entities regarding the use of online tracking technologies on websites and apps.

There’s Nothing Weak About the SEC’s “Weakened” Climate Disclosure Mandate

The Securities and Exchange Commission (SEC) released its long-awaited climate disclosure mandate for publicly traded companies (Final Rule).

The FDA and the Future of AI Oversight

In January 2024, the U.S. Government Accountability Office (GAO) issued a report highlighting current obstacles to the U.S. Food and Drug Administration’s (FDA) timely and effective regulation of artificial intelligence (AI) and machine learning (ML) in medical devices and other emerging health care technologies (GAO...

AI Implemented Invention Tips Following USPTO Guidance

The United States Patent and Trademark Office (USPTO) and the Court of Appeals for the Federal Circuit have both previously held that an artificial intelligence (AI) system cannot be a sole inventor on a patent application since each inventor must be a human being.

Double Trouble for Double Patenting or When Does My Patent Expire?

The Federal Circuit recently clarified the interplay between obvious-type double patenting (ODP) and patent term adjustments (PTA) granted pursuant to 35 U.S.C. § 154(b).

Manatt Ventures VC Market Update – August 2023

The Manatt Ventures team constantly evaluates changes in the market, both for our clients and for the Manatt Venture Fund, our internal venture capital (VC) fund. Below are some of the more interesting data points and perspectives we have come across lately that have helped inform our perspectives.