The U.S. Patent and Trademark Office had a busy summer in 2024. Businesses and individuals with AI and software-based inventions paid particularly close attention to the agency when, in July, it released updated guidance on how patent examiners should evaluate related claims for patent subject matter eligibility.

In BakerHostetler’s second annual IP Perspectives (BHIPP) thought leadership piece, the Intellectual Property Practice Group highlights a myriad of IP-related topics that are at the forefront of industry developments and current challenges and trends.

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Consider trade secret enforcement your armor on the battlefields of IP. Given greater exposure to cybersecurity breaches and data theft, a murky future for employee noncompete agreements, AI algorithms that challenge the integrity of trade secrets – trends suggest businesses will require robust and proactive IP strategies, including an increase in trade secret litigation and internal protection, compliance, and more. Trade secret trends are expected to undergo a significant shift as organizations adapt to expanded trade secret protection, a potential ban on noncompetes, cybersecurity breaches and data threats, new technologies, and changes in the legal landscape.

In BakerHostetler’s second annual IP Perspectives (BHIPP) thought leadership piece, the Intellectual Property Practice Group highlights a myriad of IP-related topics that are at the forefront of industry developments and current challenges and trends.

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In this episode, Amy Ralph Mudge and Daniel Kaufman from BakerHostetler’s Advertising, Marketing, and Digital Media team discuss the importance of consumer perception surveys. These surveys help businesses understand how consumers interpret advertisements, focusing on both express and implied claims. They highlight the role of such surveys in litigation and FTC investigations, explaining how they can reveal whether ads convey misleading messages. The episode also touches on the design and analysis of these surveys, emphasizing their complexity and the need for expertise.

This episode of AD Nauseam is dedicated to Wink Martindale, host of iconic 80’s game show, Tic Tac Dough.

Questions & comments: amudge@bakerlaw.com or dkaufman@bakerlaw.com

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To describe the rise of artificial intelligence (AI) as rapid is a vast understatement. From its ubiquitous presence assisting us in our most mundane daily tasks to its warm embrace by business leaders eager to revolutionize their industries, AI is pervasive – and so are its pitfalls. Indemnification provisions and enforcement are expected to shift significantly as organizations adapt to related legal changes for creators, manufacturers, distributors and users.

In BakerHostetler’s second annual IP Perspectives (BHIPP) thought leadership piece, the Intellectual Property Practice Group highlights a myriad of IP-related topics that are at the forefront of industry developments and current challenges and trends.

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Experts play a crucial role in patent cases. Experts opine on claim construction, infringement, invalidity and the proper amount of damages. And the exclusion of an expert witness can significantly impact the outcome of a case. But the standard for excluding experts in patent cases appears to be in flux.

In BakerHostetler’s second annual IP Perspectives (BHIPP) thought leadership piece, the Intellectual Property Practice Group highlights a myriad of IP-related topics that are at the forefront of industry developments and current challenges and trends.

Since recording, oral argument was held by the Federal Circuit on March 13, 2025.

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In this episode, the discussion revolves around safety claims and risk reduction in advertising, with a focus on FTC and NAD regulations. The hosts, Amy Mudge and Daniel Kaufman, highlight several key cases, including deceptive recall notices by auto dealerships and misleading claims about health products like colloidal silver and smartphone accessories. They emphasize the importance of substantiation for safety claims, noting that advertisers must provide competent and reliable scientific evidence. The conversation also touches on the need for disclosures about potential safety risks, even if no explicit safety claims are made, and the high burden of proof required for claims involving health products.

Questions & comments: amudge@bakerlaw.com or dkaufman@bakerlaw.com

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In this episode, the discussion centers on earnings claims and the FTC’s role in regulating them. The hosts, Amy Mudge and Daniel Kaufman, highlight the importance of substantiating earnings claims to avoid misleading consumers. They discuss historical cases like Encyclopedia Britannica and Von Schrader, illustrating how the FTC has tackled deceptive earnings claims over the years. The conversation also covers recent cases, such as the FTC’s action against Lyft, emphasizing the evolving standards for “up to” claims and the implications for businesses. Key takeaways include the need for accurate, current claims and the potential impact of regional variances on earnings expectations.

Questions & Comments: amudge@bakerlaw.com or dkaufman@bakerlaw.com

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The topic is connected vehicles and the automotive supply chain and specifically how a new law that became effective on March 17, 2025, has major implications for automakers, auto suppliers, and investors and dealmakers doing business in the Automotive/Mobility Industry.

The new law addresses national security concerns posed by certain transactions involving information and communications technology and services. The law is a regulation out of the U.S. Department of Commerce’s Bureau of Industry and Security that applies to connected vehicles and certain hardware and software utilized in connected vehicles.

The law seeks to regulate vehicle connectivity system hardware and covered software, or VCS, and automated driving systems software, or ADS, when there is a connection to certain foreign adversaries.

The new law has very broad coverage and likely will apply to every new passenger vehicle sold in the U.S. from the 2030 model year onward. The law is complex and nuanced, comes with penalties for lack of compliance, and will force the industry to add steps in its compliance regime, increasing both costs and the potential for delays.

Our guest today is Melissa Mannino, a partner at BakerHostetler and co-leader of BakerHostetler’s International Trade and National Security team.

Let’s get started with Rev Up! Where the Rubber meets the law.

Questions and comments: ahess@bakerlaw.com

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On today’s episode of AD Nauseam, the discussion focuses on third-party liability, particularly ad agency liability. Amy and Daniel are joined by Sarah La Voi, and explain that ad agencies can be held liable for deceptive ads if they actively participate in creating the ad and should have known it was deceptive. They reference the FTC’s Standard Oil case and other historical cases to illustrate how ad agencies have been held accountable. The conversation also touches on affiliate marketing, emphasizing the importance of monitoring and ensuring compliance among affiliates to avoid liability. Key takeaways include understanding the legal standards, asking the right questions, and maintaining thorough documentation.

Questions & Comments: amudge@bakerlaw.com, dkaufman@bakerlaw.com and slavoi@bakerlaw.com

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On today’s episode of AD Nauseam, Amy and Daniel are back to discuss the topic of disclaimers in advertising.

Questions & Comments: amudge@bakerlaw.com and dkaufman@bakerlaw.com.

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