Now more than ever, technology is influencing the way we do business, communicate, move through and around the world, access and manage our homes, receive and administer healthcare, make purchases, secure information, and protect our most valuable property. Morrison Foerster keeps pace with this rapidly evolving landscape across our internationally recognized corporate, finance, intellectual property, and litigation practices. MoFo Tech brings together our insights relating to fields such as blockchain and distributed ledger, cloud and as-a-service technologies, driverless cars, drones, fintech, computer hardware and software, the Internet of Things, semiconductors, and telecommunications. The MoFo Tech blog offers real-time, in-depth analyses of the trends and complex issues shaping the global technology industry.<h2>ABOUT MORRISON FOERSTER</h2>Morrison Foerster is a leading global law firm that transforms complexity into advantage for its clients. Our clients include some of the largest financial institutions, banks, consulting and accounting firms, and Fortune 100, technology, and life sciences companies. Highlighting the firm’s commitment to client service, leadership in market-changing deals and impact litigation, and values-based culture, Morrison Foerster has been repeatedly recognized as one of the top 10 firms on The American Lawyer’s A-List. Year after year, the firm receives significant recognition from Chambers and The Legal 500 across their various guides, including Global, USA, Asia‑Pacific, Europe, UK, Latin America, and FinTech Legal. Our lawyers passionately care about delivering legal excellence while living our values. Morrison Foerster has a long-standing commitment to creating a culture that respects and celebrates differences, while providing an inclusive environment. The firm has achieved Mansfield Certification Plus since 2018 as a result of successfully reaching at least 30 percent women, communities of color, and LGBTQ+ lawyer representation in a notable number of current leadership roles and committees. The firm also has a long history of commitment to the community and society through providing pro bono legal services, including litigating for civil rights and civil liberties, improving public education and fostering the wellbeing of children, advocating for veterans, promoting international human rights, enforcing the right to asylum, and safeguarding the environment.

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Scott Llewellyn’s practice focuses on complex litigation in federal and state courts around the country, with an emphasis on patent and trade secret disputes. Over the past decade, he has worked on some of the most significant, high–profile IP cases involving technology for televisions, smartphones, and self–driving cars, relying on 40 years of experience with computer hardware and software. Scott also has significant experience with business divorce cases before courts and arbitrators, involving a mix of trade secret, patent, tort, and contract claims relating to technology development and implementation.Scott also has successfully tried general commercial arbitration and agency matters, briefed and argued various appeals in federal appellate court, and tried more than 20 cases for the Denver City Attorney’s office, most of them jury trials.Scott also has an active pro bono practice, having worked on a variety of criminal and immigration appeals, and having represented Colorado criminal defense and mental health organizations in high–profile suits against the state of Colorado for violations of the constitutional rights of defendants.At MoFo, Scott serves on the board of the Morrison & Foerster Foundation. In the broader legal community, he serves on the boards of the Colorado Lawyers Committee and Drop in the Bucket (a charity that builds wells and sanitation systems in sub–Saharan Africa).After law school, Scott clerked for the Honorable Clarence A. Brimmer, District of Wyoming, and the Honorable Diarmuid F. O’Scannlain, Ninth Circuit. He was also previously an adjunct professor at the Georgetown University Law Center.

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Partner

Scott Llewellyn’s practice involves complex litigation before state and federal courts around the country, with an emphasis on patent and trade secret disputes for high-tech companies, to which he brings more than 35 years of experience with computer hardware and software, in particular relating to the processing and transmission of audio, video, voice, and other types of data. Mr. Llewellyn has also tried commercial arbitration and agency matters; briefed and argued various appeals in federal appellate court; and tried more than 20 cases for the Denver city attorney’s office, most of them jury trials.

Scott F. Llewellyn

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MoFo Tech brings together legal insights and in-depth analyses on trends and complex issues shaping the global technology industry, covering fields such as blockchain and distributed ledger, cloud and SaaS technologies, driverless cars, drones, FinTech, computer hardware and software, the IoT, semiconductors, and telecommunications.

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Provides insights and reports on the most current class actions lawsuits and product liability issues that affect consumer-facing companies.

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News and thought leadership from lawyers who are adding value to the legal profession and the communities we call home.

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MoFo Tech brings together legal insights and in-depth analyses on trends and complex issues shaping the global technology industry, covering fields such as blockchain and distributed ledger, cloud and SaaS technologies, driverless cars, drones, FinTech, computer hardware and software, the IoT, semiconductors, and telecommunications.

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Japan’s Approach to AI Regulation in 2025

Federal Circuit Clarifies Requirements for Prior Art Under Pre-AIA 35 U.S.C. § 102(e)

AI Agent as a Service in Medtech - Key Considerations for Commercial Contracts

D.C. Circuit Holds that Works Created Solely by AI are Not Copyrightable

Navigating Inventorship in the Era of AI-Assisted Drug Discovery

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In 2025, tools relying on sophisticated AI will increasingly be applied in the workplace. This will certainly go far beyond AI-based pre-selection processes for job applicants and work allocation software, e.g., in large logistics companies. EU Data Protection Authorities and the privacy community will need to develop comprehensive guidelines for the use of such AI‑based tools, allowing companies to benefit from the technological progress while safeguarding the employees’ privacy.

AI Trends for 2025 - Transforming Tomorrow: The Rise of AI in the Workplace

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For more than two decades, Hanno has advised and represented leading domestic and international corporations in a wide variety of industries, including technology, consumer products, automotive, and 

Hanno Timner

Hanno Timner is a partner in the Berlin office and head of the Employment and Labor practice group in Germany. He advises and represents national and international employers in all labor law issues and disputes.

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AI Trends for 2025 - Transforming Tomorrow: The Rise of AI in the Workplace

AI Trends For 2022 - Export Control/CFIUS

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While the broader venture capital financing market continues to experience headwinds and turbulence, artificial intelligence (AI) deal activity has been a bright spot for companies and investors, with relatively robust deal activity and sustained investor interest, which are expected to continue into 2025.According to CB Insights, while the dollar amount of AI funding dropped quarter-over-quarter due to a decreased number of $1B+ unicorn financing mega-rounds, global AI deal count rose by 24% quarter-over-quarter to reach 1,245 deals in Q3 2024, marking the highest quarterly level since Q1 2022, and contrasted with an overall drop of 10% quarter-over-quarter in the broader venture financing market. The number of deals is indicative of broad investor appetite and interest in AI as a driver of investment return for the foreseeable future and extends across various aspects of the AI and machine-learning marketplace, including horizontal platforms, vertical platforms, semiconductors, and autonomous machines. In addition to traditional VC investors, PitchBook also reports continued investment by and interest of the largest of the world’s corporations in AI to ensure competitive positioning in various industries, and those activities portend well for the AI venture market writ large and the financing market specifically.As in the past, the United States continues to lead in AI funding and deals—being responsible for 2/3 of all deals in the sector—as compared with the rest of the globe. It remains to be seen whether the mergers and acquisitions and IPO markets, which have been choppy in 2024, will correct and support the continued investment in the AI venture capital market that has been encouraging in 2024. However, the continued broad support across industry players, coupled with the new administration’s installation of a number of major proponents of AI in high-level positions, has many believing the momentum behind AI will continue through 2025.

AI Trends for 2025 - Current State of the AI VC Financing Market

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Co-Chair of Emerging Companies + Venture Capital Practice

Jim has extensive experience representing private and public companies and investors in significant business transactions from formation through liquidity. His practice focuses on mergers and acquisitions, venture capital financings, and emerging company counseling. His clients span a broad range of industries, with a concentration in life science and technology companies.

Jim Krenn

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Of Counsel

Andrew Dixon is a corporate Of Counsel in the firm's San Diego office.

Andrew P Dixon

Andrew Dixon

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AI Trends for 2025 - Current State of the AI VC Financing Market

AI Trends For 2022 - The IRS will use increased budget resources to achieve a main objective

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We have already begun to see the use of AI-enabled tools to perpetrate cyber-attacks and fraud, but it will get much worse before it gets better. AI will serve as a multiplier for existing cybercrime, including phishing and deepfakes, illicit data collection, automated network attacks, data poisoning, and more. At the same time, attackers will work to manipulate existing models to both steal algorithms and exploit vulnerabilities.

AI Trends for 2025 - The Bad Guys Have AI, Too

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Associate

Dillon Kraus is an associate in Morrison Foerster’s Privacy + Data Security, Investigations + White Collar Defense, and Commercial Litigation + Trial groups and is based in the firm’s New York office.

Dillon Kraus

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AI Trends for 2025 - The Bad Guys Have AI, Too

Japan: Privacy Updates on Handling Personal Information in the “Digital Market”

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On November 19, 2024, Morrison Foerster’s Tokyo office hosted a conference on AI Dynamics: Regulatory and Industry Insights.Takayuki Sako, Deputy Director, Digital Economy Division, Ministry of Economy, Trade and Industry (METI) shared his vision for Japan’s commitment to fostering an environment conducive to AI adoption—and the integration of AI into society.MoFo partners Joe Gratz and Justin Haan followed Mr. Sako with an overview on the state of AI development and current issues.Key Takeaways from the Panel DiscussionsLegal and Regulatory Developments Impacting the AI Industry Timothy Chen Koizumi Saulsbury, co-chair of MoFo’s Global Intellectual Property Group, led an in-depth dialogue about legal and regulatory developments in Japan, the United States, and the EU. He was joined by Takayuki Sako (METI), Kyoko Yoshinaga, (Project Associate Professor, Graduate School of Media and Governance, Keio University), Joe Gratz (IP Litigation partner, Morrison Foerster), and Chie Yakura (IP Litigation partner, Morrison Foerster). The discussion highlighted business challenges presented by the global regulatory patchwork, litigation trends, and potential paths toward harmonization.Factors Driving AI Company Growth and Investment Seth Graham, a partner in MoFo’s Technology Transactions Group, led the AI Investment panel. He shared the stage with Yuto Saeki (Executive Specialist, Global Investment Incubation, Digital Garage), Kenji Hosokawa (General Counsel, Fund Management Division, MUFG Innovation Partners), and Jonathan Duckles (Partner, Deputy General Counsel, and Head of Fund Transactions, SoftBank Investment Advisers). The panel discussed factors facilitating the growth of the AI startup ecosystem in Japan, how regulations affect investor decisions, which factors businesses use to evaluate AI companies (and risk mitigation strategies they implement), and the importance of incubators and government support to a thriving AI industry.AI Use Cases in Life SciencesYuka Teraguchi, a MoFo IP Litigation partner, hosted the panel on AI use cases in the Life Sciences. She was joined by Akira Shibata (Country Manager, Japan, Weights & Biases), Tatsuki Araki (Head of Healthy Living, Social Solution Business Unit, Fujitsu), and Aya Eguchi (Technology Transactions Partner, Morrison Foerster). The panel highlighted the increasing collaboration between tech companies and traditional pharma and biotech firms, leading to new partnerships and associated legal complexities, particularly around IP ownership and AI-created drugs. In diagnostics, concerns were raised about accountability for AI misdiagnoses and privacy issues related to patient data. Companies looking to leverage AI should focus on regulatory and risk management, as well as IP protection, ensuring proper documentation, and consideration of human interaction in AI development.ConclusionThe AI Dynamics: Regulatory and Industry Insights program provided invaluable insights and sparked meaningful discussions amongst the over 75 attendees, which included legal, business, and investment professionals from Japanese companies operating in the technology, financial services, life sciences, and consulting industries.<div data-reactroot=""><img class="rich-text-embed-image" alt="Panel - group 1" src="https://media2.mofo.com/v3/images/blt5775cc69c999c255/bltab27e60fee21673c/673fd91a4d7c436a6af60daa/241121-mofo-tech-blog-1.jpg?format=auto&amp;quality=60"/></div><div data-reactroot=""><img class="rich-text-embed-image" alt="Panel group 2" src="https://media2.mofo.com/v3/images/blt5775cc69c999c255/bltca29c1fe96057b62/673fd91a9325fc1fcaf748ec/241121-mofo-tech-blog-2.jpg?format=auto&amp;quality=60"/></div><div data-reactroot=""><img class="rich-text-embed-image" alt="Panel group 3" src="https://media2.mofo.com/v3/images/blt5775cc69c999c255/blte55354c3b519a0f2/673fd91a20dd4d3f4ee8e28d/241121-mofo-tech-blog-3.jpg?format=auto&amp;quality=60"/></div>

SoftBank and HAPSMobile’s renegotiation of the joint venture with AeroVironment, Inc.

A global software company’s joint venture to commence operations in Japan

Mitsubishi UFJ Financial Group’s US$706 million investment in Grab Holdings Inc.

Mitsubishi Heavy Industries’ US$550 million carve-out acquisition

SoftBank Group’s US$9.6 billion investment in Xiaoju Kuaizhi Inc.

Alibaba Group’s acquisition of an equity interest in Ant Financial.

Toshiba’s divestiture of its legacy TV business to Hisense Electric Co., Ltd.

A global technology consulting firm’s software licensing and open source issues

Softbank’s US$1 billion investment in OneWeb

Kaken Pharmaceutical’s various development and commercialization partnerships

SoftBank’s IP and commercial issues

Otsuka’s development and commercialization agreement

TDK’s joint venture with Qualcomm

Splunk’s acquisition of Caspida, Inc.

AccuWeather’s joint venture with Huafeng Media Group

Yahoo! Japan’s partnerships with various advertising technology service providers

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Seth Graham is a partner in Morrison & Foerster’s Technology Transactions Group and advises clients on a wide range of transactional matters involving technology and intellectual property, including licensing arrangements, technology transfers, outsourcing transactions, development agreements, and other commercial and services arrangements.

Seth M. Graham

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Justin Haan is a partner in the firm’s Technology Transactions Group in the San Francisco office, advising leading technology industry pioneers to help them navigate their most critical IP and technology needs.

Justin H. Haan

Justin Haan is a partner in the firm’s Technology Transactions Group and advises clients on a range of issues in the technology and media industries. He also drafts technology license agreements on behalf of licensors and licensees involving a wide range of technologies, including virtual reality devices, cloud platforms, Internet of Things devices, unmanned aerial vehicles, and artificial intelligence applications. Mr. Haan received his J.D., with a certificate in law and technology, from the University of California, Berkeley.

Justin Haan

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Tim Chen Saulsbury co-chairs the firm’s global IP Litigation Group and cross-disciplinary Intellectual Property Group. 

Timothy Chen Saulsbury

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Aya Eguchi is a partner in the Technology Transactions Group.  Her practice focuses on transactions and counseling involving intellectual property and technology.

Aya Eguchi

Authors Guild v. Google, Inc. 

Hachette et al. v. Internet Archive

International Code Council, Inc. v. UpCodes, Inc. 

Stevens v. CoreLogic, Inc. 

Long v. Facebook

Verifone v. Poynt

Atari v. Redbubble

Does v. OpenAI et al. 

Various Online Platforms

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MoFo partner Joseph Gratz focuses his practice on copyright, patent litigation, trademark, and AI law issues within the tech sector.

Clients turn to Joe Gratz to handle trailblazing litigation where copyright and trademark law meet new technologies. An experienced litigator, Joe draws on his strong technical background to distill complex issues into simple, accurate concepts for judges, juries, and clients.

Joseph C. Gratz

Joseph C. Gratz | Patent Litigation, Trademark & AI Law

Joseph Gratz

Certain Infotainment Systems, Components Thereof, and Automobiles Containing the Same

Yuka Teraguchi

AI Dynamics: Regulatory Landscape and Industry Insights