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Harnik Shukla, Knobbe Martens - IP Focused Law Firm | LSI USA '24

Knobbe Martens is an agent of innovation, providing clients worldwide with forward-focused intellectual property and technology law service and representation.
Speakers
Harnik Shukla
Harnik Shukla
, Knobbe Martens

Harnik Shukla  0:06  
Good morning. My name is Harnik Shukla. I'm a partner here at Knobbe Marten's commandments as an intellectual property law firm. We're based out of Orange County, but we have offices all around the country, East Coast and West Coast, New York, DC, Seattle, San Diego. And one of the things that, you know, we're unique about us is we have deep expertise and medical devices. We've been in this space for over 40 years, we are the number one firm in terms of the number of medical device patents granted, in the US. We have worked over 1000 deals for representing both the with the companies or the investors looking to do due diligence on target. So here's some representation of some of the recent deals that we've been involved with. And as you can see, it's a whitespace. If you're looking for somebody in patient monitoring space, you know, we have an expert in that our orthopedics ophthalmology, I think they're really event was one of our most recent deals, cat works out of Orange County. So our expertise spent goes beyond just, you know, just getting the patents, which we help our clients but also making sure that that portfolio is good enough to get those exits and financings. I don't know if you've heard of this case, but there's a lot of national news on Massimo Apple trial, we've been representing Massimo for over 30 years, since they were a garage startup to a multibillion dollar company, every step of the way. You know, we've had to fight against giants, whether it was nalcor Phillips, and now you know, a trillion dollar corporation. I've been working with them for the last six to eight years. And it's been a fascinating journey. So we have very deep litigation expertise as well. And recently, we had pretty good success and getting the ban on the blood oxygen feature on Apple Watch.

So what what makes us you know, really special with respect to like, you know, protecting innovations is that almost all of our lawyers have a technical background. So I have a master's in electrical engineering. And I've been working with sensors, algorithms waveforms, for, you know, the last like 15 years in the medical device space. So, like this entire sensor system that you see, that's something that, you know, I've been working on, and there are others in my firm, like, you know, some of my colleagues who have deep expertise in ortho and so are ophthalmology, as I was mentioning earlier, long ago, you know, back in my nerdy days, created this software based on neural network for handwriting recognition. And that was almost 20 years ago. And now AI is, you know, coming back again, and almost everybody has some questions on AI. So I thought, before we get to the main presentation, the companies that you're here to listen to. I talk a little bit about patenting and AI, and which might be useful. Which might be useful for you know, your innovations if you're thinking about using AI. So, the general questions I get is, can you patent anything with machine learning? And if you are patenting like the software that I was talking about, were you creating models from your own models to train specifically to solve a problem such as handwriting recognition? The answer is generally Yes. But now, where things get tricky is what if you're using chat GPT to create innovations? That's when it's really hard to figure out whether you can actually patent it and the USPTO the patent office has come up with some guidelines recently. And whether you whether innovations created in combination with using generative models such as chat GBD couldn't be patented. The short answer is AI cannot be an inventor. So there needs to be a human person involved in mentorship. So let's take a quick example. If you ask Jack GBD How would you develop a self cleaning water bottle and it spits out the following prototype development? Can you claim a water bottle that uses UV light to smooth sterilization? Just and the answer right now is no you cannot be an inventor just based on prompting So if even if you came up with the problem solution and the prompt, the solution of that got sped up by AI, it cannot be an inventor. So you're going to need more development and additional details. Maybe if you do more prompt engineering that might shifted into you becoming an inventor. And that's where things get more difficult and trying to figure out whether you can get inventor or not. So if you want to know more about this, we can talk offline. And I think you know, we have our first presenter here David    Israeli From Magenta Medical cell welcome on the stage.

 

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