I was fortunate to be asked to testify before the US Senate Agricultural Committee recently about the impact of artificial intelligence (AI) on agriculture. Although AI and its simpler cousin machine learning (ML) have operated behind the scenes for years already, 2023 is the first time that AI and ML really entered the public discourse.
Food, Drug & Agriculture
Understanding the Legal Issues for AI in Agriculture
FBN recently unveiled “Norm,” an artificial intelligence (AI) advisor for FBN members. Norm may be the first dedicated artificial intelligence platform for farmers, but it will not be the last. AI is definitely on the rise in agriculture and elsewhere. This post explores questions about AI’s use in general and for agriculture. What…
4 Common Ways That AI Driven Medical Devices Can Fail
Artificial intelligence (“AI”) will likely drive many complex medical devices in the near future. But as with all things, AI can sometimes fail. Companies relying on AI to elevate their medical devices above the competition should be mindful of four common AI failure modes: AI functional errors, software rot, unexplained programming glitches, and the ever-present…
Five Ways ChatGPT Will Change Agriculture
ChatGPT is all over the news lately. If you missed it, ChatGPT is a form of artificial intelligence (AI) operated by OpenAI. ChatGPT is trained on data from various sources, including books, articles, websites, and other publicly available text type data. Users can ask ChatGTP questions in a search bar about nearly anything and ChatGPT…
Software as a Product – The European Union Goes There
We’ve written a number of posts on whether, in various jurisdictions across the United States, software and other forms of electronic/magnetic code can be considered to be “products” for purposes of product liability – usually strict liability. As befits the decentralized product liability litigation landscape in the United States, there is considerable uncertainty, but most…
Is Your Artificial Intelligence a Service or a Product?
Today, major healthcare companies are investing heavily into various AI-powered devices. For example, Zimmer Biomet and the New York City-based Hospital for Special Surgery recently inked a three-year deal to create the HSS/Zimmer Biomet Innovation Center for Artificial Intelligence in Robotic Joint Replacement. “The collaboration aims to develop decision support tools—powered by data collection and…
Update on Artificial Intelligence: USPTO Urges Federal Circuit to Affirm Decision That AI Cannot Qualify as an “Inventor”
In three previous blog posts, we have discussed recent inventorship issues surrounding Artificial Intelligence (“AI”) and its implications for life sciences innovations – focusing specifically on scientist Stephen Thaler’s attempt to obtain a patent for an invention created by his AI system called DABUS (“Device for Autonomus Bootstrapping of Unified Sentence). Most recently, we…
The Risk of Clinical Data Collection Biases In Fully Autonomous Medical Robots
Recently, an artificial intelligence-guided robot successfully performed a laparoscopic surgery to connect two ends of an intestine in four pigs, without any human intervention. And according to the researchers involved, the robot surgeon produced “significantly better” results than humans. Though such an accomplishment is astonishing and signals the inevitable rise of fully autonomous medical robots,…
Europe’s New Proposed Rules for Artificial Intelligence and Robot-Assisted Surgery
This week, the European Commission unveiled new proposed rules “aiming to turn Europe into the global hub for trustworthy” artificial intelligence. The 108-page first-of-its-kind policy outlines how companies and governments should use artificial intelligence, and sets “limits around the use of artificial intelligence in a range of activities, from self-driving cars to hiring decisions, bank…
Patent Considerations for Optimizing Immunotherapies with the Help of Artificial Intelligence

Immunotherapy treatments such as antibodies targeting cytotoxic T lymphocyte-associated antigen 4 (CTLA-4), programmed cell death protein 1 (PD-1) and PD-1 ligand1 (PD-L1) have shown promise in reactivating weakened immune cells to fight cancer. While these immunotherapies have had a dramatic impact in some cancer patients, the positive results only appear in a fraction of cases.…