IP-Con 2023: The Coming Vortex

The Convergence of AI, IP, and Regulation

Panel 1: Trademark

Analog to AI: Using AI as a Shield Not a Sword

How to integrate generative AI to use marks in a legally sound manner like fair use and expressive use, how the USPTO can discover and stop registration of counterfeit marks on a mass scale created by AI, and how mark owners or developers can use generative AI to trackdown counterfeit marks made by humans or other AI.

Panelists:

  • Bobby Ghajar, Partner, Cooley LLP
  • Rosaleen Chou, Partner, Knobbe Martens
  • Cam Gatta, Assistant General Counsel, Global Trademarks, Microsoft
  • Ben Fernandez, Partner, WilmerHale
  • Marcus Peterson, Senior Trademark, Marketing and Copyright Counsel, Oracle

Moderator: David Franklyn, Executive Director of McCarthy Institute and Professor of Practice, ASU Sandra Day O’Connor College of Law

Panel 2: AI’s Implications for In-House Counsel

An In-House Look at AI Development within a Growing Regulatory Landscape

In reaction to the “Wild West” regulatory environment surrounding artificial intelligence, panelists will delve into novel legal questions surrounding this technological frontier. How can in-house and outside counsel collaborate to advise company clients?

Panelists:

  • Ian Ballon, Shareholder, Greenberg Traurig, LLP
  • Sarah Ward, Senior Corporate Counsel, Microsoft
  • Michael Kelly, Associate General Counsel, IP, Amazon
  • Rachael Vaughn Ray, Senior Counsel, Google
  • Nathan Shaeffer, Partner, IP Litigation, Orrick

Moderator: Gary Marchant, Regent’s Professor and Faculty Director, Center for Law, Science and Innovation, ASU Sandra Day O’Connor College of Law

Panel 3: Patent

Patent Busting: When is AI too Artificial?

Current cases uphold that only natural persons can be named inventors but what is the future for using AI as a tool to enhance human inventorship as well as the patenting process itself, versus using AI too heavily to qualify for human inventorship?

Panelists:

  • Scott Kelly, Partner at Banner Witcoff
  • Shawn Ambwani, Co-Founder, Unified Patents
  • Phong Dinh, Assistant General Counsel, Microsoft
  • Christian Hannon, Senior Patent Attorney, USPTO
  • Matthew Sarboraria Senior Vice President, Legal & Associate General Counsel, Oracle

Moderator: Tyson Winarski, Professor of Practice, ASU Sandra Day O’Connor College of Law

Panel 4: Right of Publicity

From Vanna White to Prince: Whose Face is It Anyway?

Do we need to establish a coherent system for the right of publicity especially with the rise of deepfakes in audio and visual media and regardless, who needs to be regulated – social media companies, influencers, ordinary users, or the AI software owners?

Panelists:

  • Angela Dunning, Partner, Cooley LLP
  • Fabricio Vayra, Partner, Perkins Coie LLP
  • Rafa Gutierrez, Senior Director, Intellectual Property, Uber
  • Mehrnaz Boroumand Smith, Partner, Kilpatrick Townsend and Stockton LLP

Moderator: Jon Kappes, Teaching Associate Professor, ASU Sandra Day O’Connor College of Law