Thought Leadership - Manatt, Phelps & Phillips, LLP

Manatt Submits Comments to State Water Board on Streamlining Desalination Facility Permitting

Amid California’s water crisis, Manatt submitted a letter to the State Water Resources Control Board on opportunities for new desalination plants.

California Privacy and AI Roundup: What Passed and What Didn’t

Last month, Governor Gavin Newsom ended the California legislative session by signing over a dozen bills on privacy and AI and vetoing several others.

Will the Federal Circuit Bring the Hammer Down on Big Damages Claims?

On September 25, 2024, for only the second time since 2018, the U.S. Court of Appeals for the Federal Circuit granted a request for en banc review of a panel decision in a patent case.

Manatt Health: Health AI Policy Tracker

The purpose of this quarterly tracker is to identify key federal and state health AI policy activity. Below reflects federal legislative and regulatory activity to date related to AI, and state legislative activity introduced between January 1 and March 31st, 2024.

New Guidance on Use of Artificial Intelligence-Based Tools in Practice Before USPTO

The United States Patent and Trademark Office (USPTO) published guidance on the use of artificial intelligence-based tools in patent practice to inform practitioners of important issues when using Artificial Intelligence (AI) in matters before the Patent Office.

Patent Trial and Appeal Board Publishes Updated Oral Hearing Guide

The Patent Trial and Appeal Board (Board) has published an updated Oral Hearing Guide to reflect current practice before the Board.

Colorado Enacts Law Regulating “High-Risk” AI: Here’s What You Should Know

On May 17, Colorado Governor Jared Polis signed into law Colorado Senate Bill 2-205 (SB 205), also known as the Colorado Artificial Intelligence Act—making Colorado the second state to enact comprehensive legislation on artificial intelligence (AI), and the first to...

NIST Releases New Draft Guidance to Improve Safety, Security and Trustworthiness of AI Systems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 Earlier this week, the Department of Commerce’s National Institute of Standards and Technology (NIST) released new draft guidance to improve the safety, security and trustworthiness of...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.