Agatha H. Liu

Areas of Practice

• Patents
• Intellectual Property Litigation
• Technology Transactions, Licensing and Commercial Contracts
• Trademark, Copyright, Entertainment and Advertising
• Privacy and Data Protection

Admissions

• California
• U.S. District Court for the Northern District of California
• New York
• U.S. District Court for the Eastern District of New York
• U.S. District Court for the Southern District of New York
• U.S. District Court for the Northern District of New York
• U.S. Patent and Trademark Office (USPTO)

Education

• Fordham University School of Law, J.D.
• University of Washington, Ph.D., Computer Science and Engineering
• Columbia University, B.S.

Experience

• Duane Morris LLP
  - Partner, 2023-present
• Hickman Becker Bingham Ledesma LLP
  - Partner/Counsel, 2017-2023

Professional Activities

• International Association of Privacy Professionals
  - CIPP/US Certification
• California Lawyers Association
  - Intellectual Property Section
  - Executive Committee

• American Intellectual Property Law Association

• Asian Pacific American Bar Association Silicon Valley

• Licensing Executives Society—Silicon Valley
• Santa Clara University
  - Bronco Venture Accelerator and Entrepreneurs’ Legal Advising Clinic

Selected Publications

• Contributor, Duane Morris Artificial Intelligence Blog
• Quoted, "Europe Is Clamping Down on AI. Here’s What It Means for Fashion," Vogue Business, March 15, 2024
• Quoted, “How Beauty Companies Can Mitigate Risks Associated with AI Technology Use,” CosmeticsDesign, March 7, 2024
• Quoted, "Decoding and Leveraging AI Regulations for Beauty Sector in US and EU with DuaneMorris," Personal Care Insights, March 1, 2024
• Featured, “Navigating Legal Terrain with Duane Morris: AI Implementation Risks in the Beauty Industry,” Personal Care Insights, February 19, 2024
• Quoted, "These Are The High-Stakes AI Legal Battles To Watch In 2024," Law360, January 1, 2024
• Author, "Mitigating AI Bias with Responsible AI Design," California Lawyers Association New Matter, Fall 2023, Volume 48, Edition 3
• Co-author, "Safeguarding Companies' Online Data in the AI Era: Evolving Technology and Legal Protection," Westlaw Today, August 29, 2023
• Author, "And the Copyright Registration Goes to… the AI Algorithm or the Machine?" Duane Morris Tech Law Blog, August 29, 2023
• Author, "Can a Human Behind AI Be Creative?" Duane Morris Artificial Intelligence Blog, August 29, 2023
• Quoted, “AI Art Copyright Ruling Invites Future Battles Over Human Inputs,” Bloomberg Law, August 24, 2023
• Author, "Protecting Your Company’s Online Data," Duane Morris Artificial Intelligence Blog, June 6, 2023
• Author, "Can a Machine Be Creative?" Duane Morris Artificial Intelligence Blog, April 17, 2023

• Author, “Get Ready for the Unitary Patent and Unified Patent Court in Europe!” August 3, 2022

• Author, “Major Changes Are Coming to the European Patent Process, and You Need to Review Your Patent Strategy Now!” April 1, 2022

• Author, “The Funny Things about Computer Algorithms, #1,” February 18, 2022

• Author, “The FTC Needs to Slow Down in Pursuing Consumer Redress for Privacy Breach and Other Harmful Acts,” September 9, 2021

• Co-author, “Spinning the Idea that “Spinning” is Genericized,” May 28, 2021

• Co-author, “Did You Know that You May Apply for Global Protection of Your Design through A Single System?” May 7, 2021

• Co-author, “Shoes and Music – NFT Part II,” April 26, 2021

• Co-author, “Celebrities and Creative Geniuses Rejoice – NFTs Part I,” April 13, 2021

• Co-author, “Here is to Renewed Optimism for Aggrieved Artists!” April 2, 2021

• Co-author, “More Trademark-Related Relief Will Soon Be Available to Combat Bad Registrations or Infringement,” March 12, 2021

• Co-author, “Did You Know That Blockchains Can Help You, Too?” March 5, 2021

• Co-author, “More Covid-19 Relief Is Now Available Regarding Perfecting Foreign Priority Claims,” February 19, 2021

• Co-author, “California Leads the Way to Transform Consumer Privacy Protection in the U.S. – California Privacy Rights Act of 2020,” December 21, 2020

• Co-author, “Remembering the Notorious Justice Ginsburg,” October 20, 2020

• Author, “Developing a Global Patent Portfolio,” September 28, 2020

• Author, “Do I Have A Patentable Technology in Artificial Intelligence?” December 31, 2019

• Author, “Federal Circuit Finds 'Improving Conventional Techniques and Generated New and Useful Data’ Patent Eligibility Tests,” December 29, 2018

• Author, “Supreme Court Holds Computerization of Abstract Ideas Not Patent-Eligible,” December 31, 2014

• Author, “Akamai Technologies v. Limelight Networks and McKesson Technologies v. Epic Systems: Federal Circuit Changes the Law of Active Inducement,” December 31, 2012

• Author, “U.S. High Court Limits Patents Based on the Laws of Nature,” July 11th, 2012

• Author, “Third-Party Opposition of Patent Issuance,” July 1st, 2011

Selected Speaking Engagements

• Speaker, “Get Smart with AI: Strategic Contracting to Reduce Risk,” Duane Morris Webinar, November 15, 2023
• Moderator, “Where Our AI Policy is Headed – A Discussion with the Copyright Office and the Patent and Trademark Office,” California Lawyers Association, Webinar, October 26, 2023
• Panelist, "Understanding and Navigating Bias in Artificial Intelligence," Duane Morris 2023 George Boyer Vashon Lecture, May 19, 2023
• Participant and Mentor, ChIPs Mock Pitch Program on Generative AI, May 18, 2023
• Speaker, “Filing Strategies in Light of EU Unitary System,” Berkeley-Stanford Advanced Patent Law Institute - 23rd Annual Event, December 8th, 2022

• Speaker, “Strategic Global Protection of Your Inventions,” AIPLA Webinar, August 11, 2021

• Speaker, “Better Leveraging Companies' Intellectual Property for Maximum Business Growth,” Bay Area CHIZAI's 33rd Seminar, June 25, 2021

• Speaker, “The Intersection of Artificial Intelligence and Intellectual Property: Hot Buttons in 2020,” The Knowledge Group/The Knowledge Congress Live Webcast Series., July 8, 2020

• Speaker, “Machine Learning Patents,” High Tech Law Journal and Journal of International Law Machine Learning Symposium, Santa Clara University, San Jose, California, April 12, 2020

• Speaker, “Artificial Intelligence and Intellectual Property: What Are the Prospects?” International Intellectual Property Law Association (IIPLA) 3rd Annual Meeting, San Francisco, December 31, 2018

• Speaker, “Artificial Intelligence and the Patent Law – Promises and Perils,” The Knowledge Group/The Knowledge Congress Live Webcast Series, December 30, 2018

Representative Matters

• Advised a software company on privacy policy and other user agreements related to using and developing generative AI tools.

• Assisted a software company in developing their patent portfolio that optimizes and secures operations of complex industrial systems with innovative machine learning.

• Represented the patent portfolio of an an AI-based enterprise SaaS platform deigned to predict and automate repetitive computer tasks.

• Represented a patent portfolio for an international company using machine learning to empower a skill-based labor market.

• Counseled a company offering AI-powered solutions to the education sector on intellectual property matters, including designs, trademarks, and due diligence.

• Assisted companies in an AI incubator with developing patent portfolios for supply chain and IT infrastructure sectors.

• Assisted a global audio technology company in protecting deep-learning based technology for speech enhancement and noise reduction.

• Counseled a cloud-based spend management platform on acquisition of technology companies and IP portfolios.

• Counseled an online collaboration platform on global trademark protection involving various trademark proceedings.

• Represented a global data analytics company in their patent portfolio for data integration, transformation and security in distributed database management systems.

• Represented a digital agriculture company with their global patent portfolio covering advanced machine analysis of nature and agriculture data.

• Assisted with IP evaluation and due diligence for an investment firm offering strategic financing to fund emerging technologies and build patent portfolios.