Overview
Knobbe Martens’ work with clients in the artificial intelligence (AI) technology fields is at the forefront of the intricate and rapidly evolving legal and technological landscape. Our experience related to AI technologies spans multiple decades, beginning with initial work on behalf of several significant AI infrastructure providers and innovators as well as early adopters. With the emergence of Hardware as a Service (HaaS) and Software as a Service (SaaS) models, our expertise expanded to working closely with clients based on innovations integrating AI-based technologies for various industry specific applications, including applications/solutions in the consumer products, medical device, commercial equipment, transportation, manufacturing, telecommunications, pharmaceutical, life science, financial services, and software fields. Most recently, the firm has taken a significant role in working with clients intellectual property strategies in rapidly developing Generative AI field.
Knobbe Martens attorneys serve as a go-to resource for patent portfolio development. Our attorneys combine decades of relevant technical knowledge in multiple AI disciplines with an inquisitive mindset for learning new technologies and applications – ideal for engaging directly and efficiently with development teams. Additionally, our engagements leverage the firm’s legal best practices for developing IP assets with consideration of patent subject matter eligibility, written description, enablement, claim interpretation and construction, patent exhaustion and divided infringement, value chain-based claiming and the like.
Our attorneys frequently serve as speakers and authors on topics related to the intersection of intellectual property protection and enforcement strategies and AI-based technologies. Our attorneys are recognized as thought leaders on emerging legal and regulatory IP issues surrounding these technologies, including inventorship (patent), authorship (copyright), trade secret, and enforcement. Such externals engagements provide our attorneys with validation of existing best practices, early access to developing legal and technical trends in the AI fields, and opportunities for policy engagements.
Our Services Include:
Knobbe Martens works closely with clients in varied industries regarding numerous legal matters involving artificial intelligence technologies and tools.
Patent Strategy and Prosecution: We assist companies and individuals in securing patent protection for AI-based inventions for the life cycle of patent asset development including idea capture, prioritization and strategy selection, preparation of initial filings, and completion of complex prosecution processes. Our engagements can range from individual patent asset development to larger scale multi-patent, global patent families, each of which are tailored to the client’s business goals for the IP assets. Our industry-specific experience covers a diverse wide-range of technology fields including consumer products, medical device, commercial equipment, transportation, manufacturing, telecommunications, pharmaceutical, life science, financial services, and software and networking. This allows our attorneys to efficiently engage with inventors, in-house legal teams and executives, to develop and execute budget-conscious protection strategies.
Knobbe Martens’ client-centric approach to portfolio development related to AI-based technologies leverage the full range of intellectual property protection strategies. This includes strategic considerations especially applicable to AI-based technologies, including detectability, open-source and inbound licensing issues, inventorship, portability, and execution environment, among others. Your Knobbe Martens team will work with you in identifying inventions that may be better suited for patent protection and in developing claiming strategies that best align with your specific business needs and ecosystem. We look holistically at the needs/demands of patent applications not only for filing, but with consideration of international protection and prosecution as well as potential monetization or enforcement opportunities.
Knobbe Martens also takes great pride that the IP community in general, and our clients in particular, often look to us to assist them in understanding and keeping up to date on relevant guidelines and best practices published by the United States Patent and Trademark Office (USPTO). This is a key value add that we provide to our clients and is reflective of the quality of the work we deliver.
Trade Secrets Protection: We help clients identify, protect, and enforce trade secrets related to AI technologies, specifically proprietary interests in training data sets and training techniques. Our services include the creation of confidentiality agreements, implementation of internal protection policies, and litigation support in cases of trade secret misappropriation. Knobbe Martens’ attorneys can guide you and your development teams regarding best practices for trade secret issues, including setting up appropriate confidentiality agreements, conducting clean-room setup, documenting technology development and data access, and conducting due diligence for potential acquisitions. Additionally, we are well versed in AI technology use policies and the potential implications on trade secrets, especially regarding publicly available AI-based tools and services.
With detailed knowledge and practical expertise related to the continuing developments in both federal and state statutes and administrative rules, Knobbe Martens attorneys can help companies best utilize trade secrets to further their business goals and protect key technological developments.
Copyright and Data Rights Management: Knobbe Martens provides guidance on copyright protection for AI-generated works and the management of data rights, ensuring our clients’ creations and datasets are legally safeguarded and their use is compliant with applicable laws. Our attorneys closely follow developments in guidelines and best practices for AI-generated content published by the United States Copyright Office, specifically those regarding current Copyright Office policies and judicial opinions regarding authorship of works based on the use of AI.
Licensing and Commercialization: Knobbe Martens leverages decades of experience counseling clients in structuring, negotiating, and drafting a full range of licensing programs and individual agreements for AI-based technologies. Our attorneys can assist with drafting and reviewing inbound and outbound licensing agreements, especially in accessing AI-based services or AI infrastructure. We can also draft or review employment agreements, especially IP provisions, to ensure that organizations secure the full extent of their intellectual property rights.
In addition to the more traditional IP licensing agreement, our attorneys are well-versed in different licensing and monetization programs throughout the world. This includes selecting different monetization models, identifying necessary information, conducting asset review, and developing licensing terms and conditions. Additionally, we possess in-depth experience supporting and conducting due diligence related to funding and acquisition activities.
IP Litigation and Dispute Resolution: In the event of IP disputes involving AI and machine learning, our experienced litigators offer strategic counsel and representation. Knobbe Martens attorneys are skilled in the unique aspects of IP disputes with relation to AI, including disputes based on patents, trade secrets and copyrights. This also includes issues related to detection of infringement and evidence of copying. Our attorneys consider key legal doctrines that can impact AI-based disputes, such as patent exhaustion, divided infringement, and the fair use doctrine. We have achieved favorable results in patent infringement cases, trade secret litigation, and other IP-related conflicts through litigation, mediation, and arbitration. We can also guide your company regarding third-party indemnification issues that can arise with the incorporation of technologies or services provided by third-party vendors and service providers.
Regulatory Compliance and Risk Management: We provide comprehensive advice on navigating the dynamic AI and ML regulatory environment, including compliance with data privacy laws, AI ethics guidelines, and industry-specific regulations. Our goal is to mitigate risks and ensure our clients operate in accordance with the growing number of international regulatory and statutory requirements associated with these technologies. In addition, for legal issues that span international borders, we can leverage our vast collaborative network of international law firm partners.
AI Ethics and Governance: Our attorneys offer counsel in developing and implementing ethical guidelines and governance frameworks for the responsible use of AI. We assist clients in addressing ethical considerations and establishing best practices for AI development and deployment. These issues may often come up in the context of statutory and regulatory compliance.
Knobbe Martens fully appreciates that the ultimate success of any client engagement is based in part on the specific relationship with the individual attorneys. To learn more about our attorneys, including their representative engagements, industry experiences, publications, speaking engagements, and awards, we invite you to view related Professionals.