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The second post in our series on "Rethinking IP in the Age of AI" explores how AI is impacting the use of trade secret protections to safeguard IP where patent protection is not available or AI-inventorship complicates patent rights.

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Given that personal data holds such enormous commercial value in our economy, questions inevitably arise as to how all that data can be protected in the current and rapidly evolving threat environment. Businesses and corporations may be looking for the best ways to protect their own and their customers’ information and reduce their vulnerability to a data breach.

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In Part One of this four-part series on how AI is reshaping intellectual property law, we explore how Patent Law is adapting to this new frontier and what it means for inventors looking to use AI to develop their inventions.

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What is the nature of innovation? Picture a tapestry interwoven with threads of simplicity and complexity. Some threads meticulously crafted through years of tireless research, while others emerge as astonishing strokes of serendipity. Innovation pirouettes along this vibrant spectrum with incremental steps, delicately building on the foundation of the known, and bold disruptions of the status quo, ripping through the fabric of convention. Can AI weave its own innovative tapestry of intention and happenstance? Of gradual evolution and revolutionary leaps?

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Imagine a scenario where an American manufacturing company is approached by a potential international customer/seller of machinery claiming they know the best way to avoid either party paying heavy tariffs. Right away there are several red flags indicating this could be a potential high-risk transaction. Luckily, in this recent, real-life situation, the company knew to put a call in to their legal counsel to investigate further.

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In the realm of innovation, there exists a conundrum known as the Innovator's Dilemma, a perplexing choice every innovator must face. Should the innovator cater to existing customer demands, pursuing incremental improvements the market readily comprehends? Or should they leap into the uncharted territory of disruptive innovation, where the customer and market have yet to fathom the need?

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Disruptive innovation starts with a problem. However, the solution is the key. It must obsolete the current way of doing things. In the case of Kodak, photographic film obsoleted the need for photographic plates. With each disruptive innovation, there is no turning back to the way things were done.

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Calfee Corporate and Finance practice group Co-Chair Brent Pietrafese answers important questions about M&A transactions, including F-Reorgs, how to avoid post-closing disputes, and ESOP-owned acquisition targets.

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Firm Vice Chair and Corporate and Finance Partner Jennifer Vergilii discusses the top strategic deal considerations and unique challenges involved in cross-border transactions and explains how Calfee's membership with Lex Mundi, the world's leading network of independent law firms, enables Calfee to seamlessly serve clients in any jurisdiction across the U.S. and globally.

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Firm Chair and veteran Corporate and Finance Partner Doug Neary discusses some of the biggest and most typical problems seen in executing M&A deals as well as recent innovations in M&A transactions for companies and private equity firm clients.


Calfee Connections blogs, vlogs, and other educational content are intended to inform and educate readers about legal developments and are not intended as legal advice for any specific individual or specific situation. Please consult with your attorney regarding any legal questions you may have. With regard to all content including case studies or descriptions, past outcomes do not predict future results. The opinions expressed may not necessarily reflect the viewpoints of all attorneys and professionals of Calfee, Halter & Griswold LLP. Updates related to all government assistance/incentive programs are provided with the most current information made available to Calfee at the time of publication. Clarifications and further guidance may be disseminated by government authorities on an ongoing basis. All information should be reaffirmed prior to the submission of any application and/or program participation.


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