Zach Briers and Nate Sussman Publish Article on Patent Law and AI

Munger, Tolles & Olson’s Zach Briers and Nate Sussman published an article in the Daily Journal titled “Patentability and Ordinary Skill in the Age of AI.” The article discusses how advances in AI could raise the bar for “non-obviousness” under existing patentability standards and result in applicants, litigants, and courts placing greater emphasis on so-called “secondary” considerations. The authors argue that stakeholders in patent-reliant industries should account for the potential legal impact of AI assistance and prepare accordingly.

Munger, Tolles & Olson continues to be a nationwide leader in patent litigation, AI, and technology law. The firm’s corporate group represented entrepreneur Sean Parker last year in connection with his transformative investment in Stability AI, the first known change in control of a major AI foundation model, and recently represented Intel Corp. in completing the sale of its NAND memory business to SK Hynix for $9 billion. The firm’s litigators currently represent a variety of clients in patent and other IP disputes involving AI technologies.

Zach Briers is co-chair of Munger, Tolles & Olson’s patent practice, and Nate Sussman is co-chair of the firm’s Generative AI Task Force.

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