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State Court Patent Ownership Judgment Not Subject To Collateral Review

Client Alert | 1 min read | 02.26.07

In MyMail, Ltd. v. America Online, Inc., (No. 06-1147, -1172; February 20, 2007), the Federal Circuit affirms the district court's denial of a collateral attack on the ownership of the patent due to fraud. MyMail obtained ownership of the patent by assignment. The assignee obtained the patent application through a state court foreclosure action on a promissory note secured by the application. America Online asserts that the promissory note is fraudulent and this issue is subject to de novo review by federal courts. Distinguishing fraud relating to procurement of a patent, which bears on the enforceability, the Federal Circuit holds that fraud relating to ownership does not affect enforceability and is a state law issue. Since there is an enforceable state court judgment of ownership, that can be challenged only in limited circumstances, fraud in ownership is not subject to de novo review by federal courts.

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Client Alert | 4 min read | 03.25.26

NAIC Intensifies AI Regulatory Focus: What Health Insurance Payors Need to Know

The National Association of Insurance Commissioners (NAIC) is intensifying its oversight of how insurers use AI — and the pace of regulatory activity shows no signs of slowing. Over the past several months, the NAIC has published a formal Issue Brief staking out its position on federal AI legislation, launched a multistate AI Evaluation Tool pilot aimed at examining insurers’ AI governance programs, and continued to expand adoption of its AI Model Bulletin across state lines. These developments continue a trend towards enhancing regulation; the NAIC adopted AI Principles in 2020 and a Model Bulletin in 2023 clarifying that existing insurance laws apply to AI systems and establishing expectations for governance, documentation, testing, and third-party oversight. That Model Bulletin has now been adopted in approximately 24 states....

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