Practices and Industries / AI and Deep Learning

AI and Deep Learning

Haynes Boone has been active in the artificial intelligence (AI) space for more than 30 years. Today AI continues its rapid growth and profound impact on the world, transforming industry after industry. As AI grows, so does the need for intellectual property and regulatory protection in the AI space. According to a recent World Intellectual Property Organization (WIPO) report, Technology Trends 2019: Artificial Intelligence, nearly 340,000 patent families and more than 1.6 million scientific papers related to artificial intelligence were published from 1960 until early 2018, and the number of patent applications filed annually in the AI field grew by a factor of 6.5 between 2011 and 2017.

Applicants for AI patents face unique challenges. Who can be listed as an inventor if AI creates or contributes to an invention? Are AI inventions susceptible to the subject matter eligibility challenges? Who can be a person of ordinary skill in the art be when determining obviousness of the AI inventions?

Haynes Boone’s multidisciplinary AI group brings together the technical knowledge and industry experience to effectively advise clients operating in this rapidly evolving space. The AI group helps companies and individuals safeguard their core products and methodologies. Our experience covers all aspects of AI, machine learning, and deep learning technologies, including:

  • Developing domestic and international patent portfolios related to AI applications in autonomous driving, machine learning, natural language processing, industrial automation, and anomaly detection in utility and ad hoc wireless networks.
  • Representing clients in post-grant proceedings covering locating technologies that rely on neural networks.
  • Drafting patents for autonomous control of robotic operations in energy distribution systems.
  • Developing a global patent portfolio on deep learning research and engineering for customer relationship management (CRM) platform including natural language processing (NLP), commonsense reasoning, and computer vision.
  • Developing robotic-assisted surgical system patent strategy and protection.

We assist AI-focused clients with:

  • Drafting durable domestic and international patents with a deep understanding of the unique challenges faced by AI patent applications.
  • Advising on successfully overcoming subject-matter eligibility and obviousness challenges in the context of patenting AI technologies.
  • Challenging and defending patents in post-grant patent proceedings before the USPTO, including covered business method and inter partes reviews (IPR), and in state and federal courts.
  • Providing due diligence in the context of mergers and acquisitions ranging from a few million to over a billion dollars.
  • Brand protection, including trademark portfolio development, social media and privacy policies, and enforcing brand and domain rights in litigation and administrative proceedings.
  • Providing strategic guidance on domestic and international patent portfolio development and management, including the creation and use of patent landscapes to guide research and development.
  • Rendering product clearance opinions regarding competitors’ intellectual property rights and guiding product design initiatives to better position the company against third-party risk.

In 2022, 15 Haynes Boone lawyers were recognized in Intellectual Asset Management (IAM) Patent 1000 Directory which spotlights firms and individuals deemed by peers and clients as outstanding in the patent practice. Our firm ranks among the nation’s top firms in Patexia’s 2022 IPR Intelligence Report. Haynes Boone is a top 10 law firm filing IPRs on behalf of the Petitioner, with an institution rate of 83% and a final decision rate of 80% for canceling claims. The average institution and final decision rates are 78% and 69%, respectively (Lex Machina, 2023).
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  • “Inventing Tomorrow: A Guide to Claiming and Patenting AI Creations,” presenter, UT Law's 28th Annual Advanced Patent Law Institute, January 2024 – Charlene Liu, Hong Shi
  • "AI & Patents: Navigating the Shifting Landscape and Envisioning the Future," panelist, Centerforce IP Strategy Summit, November 1, 2023 – Dina Blikshteyn
  • AI Ethics, panelist, PTAB Bar Association, November 2023 – Dina Blikshteyn
  • "Panel 1: U.S. Patent Litigation Strategy," moderator, 2023 Corporate IP Strategy Conference (CIPSC), November 15, 2023 – Raghav Bajaj
  • "Leading Professionals to Teach About Intellectual Property," speaker, Financial Poise, webinar, November 29, 2023 – Dina Blikshteyn
  • "Generating New Clients - Part 2: Building Your Personal Brand - Reputation, Word of Mouth, & Referral Work,” panelist, Centerforce, The Diverse Rainmaker Summit: Excellence in Business Development, November 29, 2023 – Tom Chen
  • "Securing & Adding IP Value through Patent Monitoring," panelist, IPWatchdog, Inc., November 30, 2023 – Vince Shier
  • "Examining the Intellectual Property Challenges of Artificial Intelligence (AI)," panelist, Women Leaders in IP Law 3rd Annual Summit, June 6, 2023 - Dina Blikshteyn
  • “Immersive Technologies and The Future of Entertainment,” speaker, Artificial Intelligence Masters 2023, IPWatchdog, March 8, 2023 – Dina Blikshteyn
  • “AI and Drug Development: IP Implications for Protecting AI Discoveries,” speaker, IPWatchdog LIVE 2022, September 12, 2022 – Dina Blikshteyn
  • "Artificial Intelligence and Machine Learning: Legal and Ethical Considerations," moderator, 34th Annual Technology Law Conference, May 27, 2021 - Hong Shi
  • "AI Systems and Drafting Patents: Enablement and Inventorship," speaker, Strafford Webinar, April 22, 2021 - Dina Blikshteyn
  • "How Artificial Intelligence Tools Impact the Legal Practice: What every attorney needs to know," myLawCLE, October 29, 2020 - Eugene Goryunov, Raghav Bajaj, Dina Blikshteyn, Jonathan Bowser, and Angela Oliver
  • "How AI and Machine Learning are transforming law firms and the legal sector," 3rd World Legal AI Summit, Luxatia International, October 9, 2020 - Dina Blikshteyn
  • "Navigating a New Realm: AI and Law," Haynes and Boone LLP Patent Prosecution and Patent Trials Grp. Mtg., Chicago, IL (Apr. 21, 2020) - Eugene Goryunov

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Hallman Jonathan

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Blikshteyn Dina Dina Blikshteyn

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