Josh Landau

@[email protected]
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134 Posts

Idiosyncratic views on patents. Policy counsel at CCIA and lead blogger for Patent Progress. Former litigator, big ole patent nerd.

All views my own.

Websitehttps://www.patentprogress.org
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Websitehttps://ccianet.org/about/team/joshua-landau/
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Josh LandauJun 13, 2023

PQA IPR has a FWD finding all challenged claims invalid.

So, that's both patents VLSI won its Intel verdict on invalidated. Discretionary denial is a complete policy failure, so why is the USPTO looking to make rules enshrining it into law?

Josh LandauJun 13, 2023
While there are much much bigger problems with this AI hearing, I'd note that Sen. Blumenthal's attribution of "a lie can get halfway around the world" to Mark Twain is, well... misinformation. https://www.nytimes.com/2017/04/26/books/famous-misquotations.html
That Wasn’t Mark Twain: How a Misquotation Is Born

The amateur researcher behind Quote Investigator has dedicated years to tracing the origins of well-known sayings.

The New York Times
Josh LandauMay 18, 2023
Interesting bit from Kagan's dissent in today's AWF/Goldsmith case: "For, let's be honest, artists don't create all on their own; they cannot do what they do without borrowing from or otherwise making use of the works of others. That is the way artistry of all kinds—visual, musical, literary—happens." Seems highly relevant to a week in which we've been hearing so much about AI.
Josh LandauMay 16, 2023
More orders released re: Judge Newman and it’s, uh, not great.
Show threadJosh LandauMay 16, 2023
@tokensane That’s reductionist. If the AI is designed to generate something that would have liability (e.g., a bit designed to generate defamatory statements about people) then the creator should bear liability for that design decision, though the person using the output would as well for the specific act of defamation.
Show threadJosh LandauMay 16, 2023
(I'd add - Hi Blake! - that AI has huge potential benefits in disability, as well as disability needing to be considered when creating these systems in order to ensure that those users aren't blocked or disfavored from use.)
Josh LandauMay 16, 2023

Also Sen. Padilla's question about an over-focus on English is 100% on point.

#SenateAIHearing

Josh LandauMay 16, 2023

Montgomery making the simplest point, but also the most important one - AI is not a shield. Whether an AI tool or a human does something, it should be treated the same.

#SenateAIHearing

Josh LandauMay 16, 2023

Hawley is just wrong here. If you're harmed by AI, and that harm is a legally cognizable harm, then yeah, you can sue.

#SenateAIHearing

Josh LandauMay 16, 2023

I think Sen. Hirono's question about how the same AI that makes up a funny joke can also make up election disinfo illustrates an important point.

A smartphone camera can be used to record your kid's dance recital. It can also be used for copyright infringement. It's essential to keep both in mind, not just focus on the latter.

#SenateAIHearing