We are pleased to announce that the Philadelphia Intellectual Property Law Association is holding a meeting on Wednesday, January 28, 2026 at 5:30 pm.
Location: Volpe Koenig
30 S 17th Street, 18th Floor, Philadelphia, PA 19103
CLE Program: Obviousness, Enablement, and the Algorithm: ChatGPT’s Emerging Role as the POSITA
Speaker: Brandon R. Theiss, Shareholder, Volpe Koenig
Description of CLE Program: This talk explores how large language models like ChatGPT are beginning to collide with one of patent law’s core legal fictions, the person of ordinary skill in the art (POSITA). Using recent Federal Circuit guidance on obviousness, enablement, and § 112(f) claim construction as a backdrop, we will examine whether and how AI systems can be used to approximate the perspective of a skilled artisan, including testing obviousness combinations under KSR and Fleming, stress-checking full-scope enablement and written description under § 112(a), and probing whether software-related claim terms connote sufficient structure in the wake of Dyfan. The talk will also address practical and ethical considerations, including evidentiary use of AI outputs, risks of bias and hindsight, and how in-house counsel, prosecutors, and litigators might responsibly integrate AI-based POSITA modeling into their drafting, prosecution, and validity or invalidity strategies.
This meeting will also celebrate the January 25, 2026 eBook launch of FDA and Intellectual Property Strategies for Medical Device Technologies: Including Artificial Intelligence, Software and Applications (Springer, 2026), which offers practical guidance on navigating the U.S. FDA regulatory process for medical devices alongside the development and protection of related intellectual property, including AI-driven and software-based technologies. Attendees will hear first-hand insights from Brandon Theiss, one of the book’s co-authors, on how regulatory strategy and IP strategy can be aligned for emerging technologies.
Please join us for an engaging discussion at the intersection of FDA regulation, patent law, and artificial intelligence, and help us recognize this significant new contribution to the medical device and IP literature.
Please RSVP for the January meeting by January 27, 2026. One hour of Pennsylvania and Delaware CLE credit has been requested.
You may RSVP by either of the following ways:
- Email: Send your RSVP to PIPLAPhilly@outlook.com (or by clicking the “Attend Event” button below).
- Website: Submit your RSVP and secure payment through PIPLA’s new website by clicking here.
Following the CLE Program, you are invited to join us for drinks and hors d’oeuvres.
The cost is $40.00 for members, $50.00 for guests/non-members, and free for students who complete a membership form. Please make checks payable to “PIPLA.”
As a reminder, applications for new members and membership renewals for the 2025-2026 association year are due by December 15, 2025.
The application for new membership can be viewed by clicking here.
The membership renewal form can be viewed by clicking here.
If RSVP’ing by email, please send payment to PIPLA Treasurer Phillip D. Wolfe, Morgan Lewis, 2222 Market St., Philadelphia, PA 19103. Alternatively, payment may be made via Venmo to: @PhiladelphiaIPLawAssoc-PIPLA.
We look forward to seeing you at the meeting.
Sincerely,
Ava E. Lutz, Esq.
Secretary