Agatha H. Liu – The Artificial Intelligence Blog

September 23, 2024September 23, 2024 by Duane Morris

AI Art Appeal’s Procedural Flaws Put Broader Ruling in Doubt

Duane Morris partner Agatha Liu is quoted in the Bloomberg Law article, “AI Art Appeal’s Procedural Flaws Put Broader Ruling in Doubt.”

An appeals court panel’s focus on procedural issues in a case involving efforts to copyright AI-generated work left attorneys concerned the judges may sidestep larger questions about how copyright law regards the emerging technology. […]

“The point of copyright protection is it should reward creativity. It should be associated with a human being, not a machine,” said Liu. “But there’s merit in claiming the creator of the machine being an author.”

Read the full article on the Bloomberg Law website.

August 29, 2024 by Duane Morris

Adopting Generative AI in Medtech

Given the vast amounts of data available, including raw measurements, diagnostic information, treatment plans, and regulatory guidelines, the biomedical technologies sector stands to gain immensely from artificial intelligence (AI), particularly machine learning (ML).

ML, at its core, learns from training datasets to identify patterns, which can then be applied to new input data to make direct inferences. For instance, if specific body scans frequently result in a particular diagnosis, ML can be used to quickly provide that diagnosis when similar scans are encountered, thus aiding in disease diagnosis.

Read the full article by Duane Morris partner Agatha H. Liu, PhD on the MD+DI website.

April 30, 2024April 30, 2024 by Agatha H. Liu

When Does Use of AI Set Off an Alarm in the Invention Process?

As generative AI is increasingly used to process information and generate new content, one possible application is to create an alternative embodiment in a patent application. This could happen when an inventor creates an original embodiment, and then instructs an AI system to create a variant of the original embodiment to achieve broad coverage. Conceivably, the AI system is configured to create an alternative embodiment based on existing data used to train the AI system or additional information that can introduce changes to the original embodiment, such as prior art in the field. Would such use of AI be an innocent act or should it trigger an alarm like certain other uses of AI?

Continue reading “When Does Use of AI Set Off an Alarm in the Invention Process?”

March 11, 2024March 11, 2024 by Duane Morris

Mitigating AI Risks for Beauty Companies

Kelly Bonner and Agatha Liu of Duane Morris LLP shared their insights and experience with CosmeticsDesign on the risks of incorporating AI technology into business practices, and how can beauty companies protect themselves.

Common uses for AI in beauty & associated risks

One of the most common uses for AI technology is personalizing products and offering personalized product recommendations. “As beauty has become increasingly personalized,” Bonner explained, “companies are increasingly deploying AI technologies to enable customers to visualize new looks (virtual try-on tech) or communicate with customers via chatbots that act as virtual assistants and offer personalized product recommendations.”

Continue reading “Mitigating AI Risks for Beauty Companies”

February 21, 2024 by Duane Morris

AI Implementation Risks in the Beauty Industry

Duane Morris partner Agatha Liu spoke with Personal Care Insights on potential risks, including personalization, appearance bias and regulatory compliance, as beauty companies integrate AI technologies.

How do you perceive the potential risks associated with integrating AI technologies to enhance customer experiences in the beauty industry?
Liu: In the beauty context, it’s important for companies to be aware of potential pitfalls in integrating AI technologies like virtual try-on technology (VTO), automated product or service applications or chatbots that act as virtual assistants and offer real-time, responsive product recommendations. These risks can include a lack of accuracy, lack of propriety (possibly giving offense), invasion of consumer privacy or possible IP infringement.

Read the full interview on the Personal Care Insights website.

November 17, 2023January 11, 2024 by Duane Morris

Replay – Get Smart with AI Webinar 11.15.23

A webinar replay of the Get Smart with AI webinar series session Strategic Contracting to Reduce Risk is now available.

November 1, 2023January 11, 2024 by Duane Morris

Register for Get Smart with AI Webinar Series Session – November 15

Duane Morris will present the next session in the Get Smart with AI webinar series, Strategic Contracting to Reduce Risk, a Zoom webinar on risk mitigation strategies for AI use in business, on Wednesday, November 15, 2023, from 3:00 p.m. to 4:00 p.m. Eastern time.

For more information and to register, visit the Duane Morris website.

October 3, 2023October 3, 2023 by Duane Morris

Webinar: Where Our AI Policy Is Headed

Please join Duane Morris partner Agatha Liu and representatives from the USPTO and U.S. Copyright Office for a discussion on the development of AI policies on October 26, 2023, from 12:00 p.m. to 1:00 p.m. Pacific.

This webinar, hosted by the California Lawyers Association, will address the US Copyright Office’s and USPTO’s recent requests for public comments, which touch on several novel and hotly contested issues regarding determining how to incorporate copyrighted works in datasets used to train AI models, tracking and disclosing AI models and the input and output data of AI models, and assigning liability for outputs produced by AI models.

For more information and to register, please visit the CLA website.

September 19, 2023 by Duane Morris

Mitigating AI Bias with Responsible AI Design

Now that artificial intelligence (AI) is employed widely with unprecedented consequences, there is quite a scramble to implement mitigating measures. For example, the United Trademark and Patent Office (USPTO) is soliciting public comments on what steps the USPTO should take to mitigate harms and risks from AI-enabled invention. Many of the proposed guardrails are applicable to the deployment of AI technology, to conform original output of the AI technology to desired principles, policies, guidelines, etc. However, it is no less valuable to improve the design of the AI technology, especially when various computational techniques can be readily applied.

One fundamental issue with the AI technology is producing inaccurate output, with random, sporadic errors or, more damagingly, systemic deviations leading to bias. This article presents a systematic review of how computational techniques can be utilized to help mitigate such bias. […]

Read the full article by Agatha Liu, Ph.D.

September 5, 2023 by Duane Morris

Safeguarding Companies’ Online Data in the AI Era

The rapidly evolving landscape of advanced technology renders data one of the most valuable commodities today. This is especially true for artificial intelligence (AI), which can advance significantly in capability and complexity by learning from massive data sets used as training data. …

[This article identifies] considerations companies should account for when undertaking efforts to protect their online data based on an analysis of legal protections applicable to companies’ online data against unauthorized use.

Read the full article by Agatha H. Liu and Ariel Seidner.