Carl A. Kukkonen III

Partner

San Diego + 1.858.314.1178 Silicon Valley + 1.650.687.4178

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Carl Kukkonen is a respected leader in the legal field who has been acknowledged three times as one of the IAM Strategy 300: World's Leading IP Strategists. With more than 25 years of experience, he has been pivotal in assisting clients in developing strong, litigation-ready patent portfolios, effectively reduce risks through invalidity and freedom-to-operate analyses, and adeptly plan and execute litigation strategies, including petitions for inter partes reviews (IPRs). Moreover, Carl conducts due diligence for financing and M&A transactions, offers valuable support in IP partnering agreements, and provides guidance on copyright and brand protection matters especially with regard to artificial intelligence (AI) technologies.

As a member of the Firm's AI team, Carl's proficiency spans high-technology, life sciences, and energy sectors. His high-tech experience encompasses AI technologies such as machine learning, natural language processing (NLP) with large language models, and computer vision. Carl has further assisted clients with computer architectures, cybersecurity, robotics, enterprise software, cloud computing, blockchains, telecommunications, IoT (Internet of Things), semiconductors, nanotechnology, optical devices, virtual/augmented reality, and signal/image processing.

In life sciences, Carl has handled cases related to in silico drug discovery, computational biology, digital health, wireless health care, medication delivery, patient monitoring, respiratory equipment, incubators, infusion pumps, physiological sensors, ophthalmic technologies, and orthopedic devices.

Carl's experience in energy technology includes battery and other energy storage technologies, electrical control systems, fuel cells, utility-scale energy distribution, energy efficiency technologies, water and wind turbines, process and atmospheric sensors, solar panels and control systems, and water purification systems.

Experience

  • HiddenLayer develops patent portfolio for protecting machine learning models from malicious activitiesJones Day is representing HiddenLayer, Inc. in the develoment and prosecution of a portfolio of patents directed to protecting machine learning models from malicious attacks and leakage of sensitive information.
  • Cylance builds leading patent portfolio directed to cybersecurity technologies using AIJones Day is representing Cylance Inc. in the development and prosecution of a portfolio of over 150 issued patents directed to AI-enabled cybersecurity technologies.
  • Epic Sciences builds patent portfolio for clinical applications of single cell diagnosticsJones Day assists Epic Sciences, Inc. with counseling and development of global patent portfolios related to clinical applications of methods for analyzing and categorizing rare circulating cells, such as diagnosing cancers, analyzing heterogeneity of disease, and predicting resistance to therapies.
  • Halcyon builds patent portfolio directed to AI-based antiransomware technologiesJones Day is representing Halcyon Tech, Inc. in the development and prosecution of a portfolio of patents directed to AI-based antiransomware technologies.
  • Sempra Energy develops patent portfolio directed to advanced electric grid technologiesJones Day is advising Sempra Energy and its subsidiary PXiSE Energy Solutions with the development of a patent portfolio directed to software and hardware solutions directed to improving the efficiency and efficacy of the electrical grid.
  • EVQLV builds patent portfolio directed to AI-enabled drug discovery technologiesJones Day is representing EVQLV, Inc., a New York based, venture-backed startup, in the development and prosecution of a portfolio of patents directed to AI-enabled drug discovery technologies.
  • Organon makes strategic investment in Claria MedicalJones Day advised Organon in the strategic investment in Claria Medical, Inc. a privately-held company developing an investigational medical device being studied for use during minimally invasive laparoscopic hysterectomy.
  • Epic Sciences develops global patent portfolio for diagnostics involving rare circulating cellsJones Day is assisting Epic Sciences, Inc. with counseling and development of global patent portfolios related to methods for analyzing and categorizing rare circulating cells, e.g., circulating tumor cells (CTCs), circulating endothelial cells (CECs).
  • Sempra Energy sells PXiSE Energy SolutionsJones Day advised Sempra Energy in the sale of membership interests in PXiSE Energy Solutions to Yokogawa Electric Corporation.
  • SAP wins summary judgment on Teradata trade secret and antitrust claimsJones Day successfully defended SAP, one of the world's leading producers of software for the management of business processes, against trade secret and antitrust claims in a lawsuit filed in the Northern District of California.
  • Bridge to Life announces first close of $56 million growth financingJones Day advised Bridge to Life, Ltd. in its $56 million capital raise consisting of a secured credit facility and a Series A preferred equity investment.
  • Huntington Ingalls sells San Diego Shipyard to Titan Acquisition HoldingsJones Day advised Huntington Ingalls Industries in the sale of its San Diego Shipyard to Titan Acquisition Holdings.
  • CalypsoAI raises $13 million in Series A roundJones Day represented CalypsoAI, a leader in validation, security, and monitoring for artificial intelligence and machine learning, in connection with the $13 million Series A fundraising led by Paladin Capital Group.
  • CORSAIR® acquires SCUF Gaming®Jones Day advised CORSAIR® in connection with the acquisition and related financing of high-performance controller pioneer SCUF Gaming "SCUF®" and its extensive patent portfolio.
  • Cylance acquired by BlackBerry for $1.4 billionJones Day advised Cylance, an artificial intelligence and cybersecurity leader, in its $1.4 billion acquisition by BlackBerry Limited, plus the assumption of unvested employee incentive awards.
  • Sempra Energy unit PXiSE Energy completes equity financing with Mitsui & Co.Jones Day advised Sempra Energy in connection with the issuance by its subsidiary, PXiSE Energy Solutions, LLC, of up to a 20 percent equity investment to Mitsui & Co., Ltd., as well as the negotiation and entering in of a strategic collaboration agreement for the development and sale of PXiSE's technology.
  • Multinational software corporation develops patent portfolio leveraging blockchain technologiesJones Day is assisting a multinational software corporation in developing a patent portfolio leveraging blockchain technologies.
  • Cylance develops worldwide trademark portfolio for cybersecurity softwareJones Day advises Cylance, Inc. on the development and enforcement of its worldwide trademark portfolio directed to leading machine learning-based cybersecurity software and related services.
  • Cylance develops patent portfolio directed to advanced cybersecurity software utilizing machine learning / artificial intelligenceJones Day is advising Cylance Inc. with the development of a patent portfolio directed to advanced cybersecurity software utilizing machine learning / artificial intelligence.
  • Canaccord Genuity and Cowen and Company underwrite $30 million public offering of Common Stock by AvingerJones Day represented Canaccord Genuity, Inc. and Cowen and Company, as lead underwriters, in connection with a $32 million follow-on public offering of Common Stock by Avinger, Inc., a commercial-stage medical device company that designs, manufactures, and sells image-guided, catheter-based systems that are used by physicians to treat patients with peripheral arterial disease.
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    June 2025 Commentary

    Two U.S. Courts Address Fair Use in Generative AI Training Cases

    June 2025 Newsletters

    Vital Signs: Digital Health Law Update | Spring 2025

    May 2025 Commentary

    U.S. Copyright Office Issues Guidance on Generative AI Training

    MAY 2025 Alert

    OMB Directs Agencies to Accelerate AI Adoption and Devise Governance Strategy

    March 2025 Blog

    Federal Circuit Rules That Order Of Steps Sometimes Does Matter, PTAB Litigation Blog

    FEBRUARY 2025 Commentary

    EU AI Act: First Rules Take Effect on Prohibited AI Systems and AI Literacy

    FEBRUARY 2025 Commentary

    Court Grants Summary Judgment in AI Copyright Clash, Rejecting "Fair Use"

    February 2025 Commentary

    Copyrightability of AI Outputs: U.S. Copyright Office Analyzes Human Authorship Requirement

    FEBRUARY 2025 Commentary

    European Commission's AI Code of Practice and Training Data Summary Template

    January 2025

    EU Policy Questionnaire on the Relationship Between Generative Artificial Intelligence and Copyright and Related Rights
    View All

    Additional Publications

    • September 21, 2022
      Patent Law Considerations For Drug Discovery Innovations Utilizing Artificial Intelligence
    • June 2021
      Trials and Tribulations - Focus on Digital Therapeutics (Intellectual Property Magazine)
    • January 2019
      Intellectual Property Owners Association (IPO) - 35 USC 101 Subject Matter Eligibility Cases Involving Software-Related Inventions
    • October 11, 2018
      An Introduction to the Risks of AI for General Counsel, Corporate Counsel
    • June 2018
      Protecting Artificial Intelligence Innovations Through Patents, IP Litigator
    • November 21, 2015
      Indefiniteness: Are You Reasonably Certain?
    • 2014
      USPTO Issues Interim Guidance on Patent Eligibility Under §101
    • 2011
      The Law That Protects the Appearance of Your Website
    • 2010
      USPTO Expands Green Technology Pilot Program to Cover More Inventions, Energy & Clean Technology
    • 2008
      A Look at the Changing Landscape of Patent Prosecution, San Diego Business Journal
    • 2007
      More Companies Seek Patents in Unconventional Areas, Boston Business Journal
    • 2007
      Emerging Patent Issues in Cleantech, IP Law 360 / Energy Law 360
    • 2007
      Expanding Preconceptions of Patentable Matter, bizSanDiego
    • 2007
      When in Doubt, Spell It Out: Complying with a Patentee's Duty of Disclosure, San Diego Daily Transcript

    Additional Speaking Engagements

    • 3/26/2025
      Understanding AI-Generated Trade Secrets and Potential Risks
    • 3/26/2025
      PTAB 2025 – Strategic Considerations in a Period of USPTO Change
    • March 6, 2025
      Recent Updates on AI and IP (Patent and Copyright) - Intellectual Property Owners Association (IPO) Spring Summit
    • October 22, 2024
      FinAccelerate: IP Strategies for Fintech
    • September 23, 2024
      IP Protection for Complex AI Innovations in Pharma & MedTech (IPO Annual Meeting)
    • May 9, 2024
      Written Description and Sufficiency for AI Inventions (IPO)
    • May 7, 2024
      Risks, Challenges, and Opportunities Facing Pharma Companies as Drug Development Enters the Age of Artificial Intelligence
    • March 28, 2024
      Generative AI Raising New Copyright Issues
    • March 28, 2024
      BioPharma and AI Patent Strategy Bootcamp
    • March 7, 2024
      Sufficiency of Disclosure for AI Inventions (IPO Spring Summit)
    • January 17, 2024
      Generative AI and the Future of Creativity: A New Copyright Landscape
    • December 7, 2023
      Predictable Arts Patent Drafting Strategies
    • November 28, 2023
      GenAI Year in Review: Intersection of AI and IP
    • October 12, 2023
      Brave New World? Intellectual Property Rights in the Artificial Intelligence Age
    • October 10, 2023
      IP Strategy for Fintech
    • September 27, 2023
      Generative AI: The New Copyright Frontier
    • June 14, 2023
      Generative AI and Emerging IP Issues
    • April 28, 2023
      Software Patents – The Ongoing Saga - PLI Patent Law Institute 2023
    • March 29, 2023
      PTAB Strategy Updates in View of Recent Developments
    • March 17, 2023
      "IP and the Rise of Generative AI" - USD School of Law Patent Law Conference
    • January 27, 2023
      MedFuel Conference
    • September 19, 2022
      Strategic Open Source and IP Considerations for AI Innovations
    • June 7, 2022
      Strategies for Managing and Protecting Data (Intellectual Property Owners Association)
    • March 10, 2022
      Artificial Intelligence IP and Regulatory Legal Issues
    • March 9, 2022
      Artificial Intelligence IP and Regulatory Legal Issues
    • January 20, 2022
      Intellectual Property Primer
    • January 19, 2022
      AI in Drug Discovery and Development
    • November 11, 2021
      Artificial Intelligence in Drug Discovery and Development: IP Considerations
    • November 4, 2021
      Functional Claiming for Software Patents: Leveraging Recent Court Treatment
    • October 25, 2021
      IP Due Diligence in Life Sciences Acquisitions
    • September 21, 2021
      Data Issues and Best Practices Related to Artificial Intelligence Agreements (IPO Annual Meeting)
    • August 12, 2021
      Latest Developments in AI Intellectual Property and the U.S. Patent Trial and Appeal Board
    • August 10, 2021
      Protecting AI Innovations
    • July 29, 2021
      Due Diligence Considerations when Acquiring or Partnering with AI Companies
    • July 12, 2021
      Artificial Intelligence IP Considerations in the Biopharma Lifecycle
    • June 25, 2021
      Artificial Intelligence in Drug Discovery and Development: IP Considerations
    • June 23, 2021
      The Patent Trial and Appeal Board: An Influence on Every Patent Litigation Today
    • April 22, 2021
      AI Systems and Drafting Patents: Enablement and Inventorship - Overcoming Patent Eligibility, Inventorship, and Enablement Challenges and Avoiding Rejections
    • April 15, 2021
      Artificial Intelligence: Enforcement of AI IP and Use of AI in Discovery
    • April 13, 2021
      Brain Interfacing and the Patent System (AsiaIP)
    • January 28, 2021
      Preparing an IP Portfolio for an Exit
    • December 2020
      Strategies for Protecting AI and other Software-based Technologies in High Tech / Biotech
    • August 21, 2020
      Biopharma AI Patent Portfolio Development Strategies
    • July 2, 2020
      Claim Drafting for U.S. Patent Applications in Electrical, Software, and Mechanical Technologies
    • June 25, 2020
      Healthcare on the Other Side: Telehealth: Evolving to the Virtual Care of Tomorrow
    • June 8, 2020
      AI Innovations: To Patent or Not to Patent?
    • May 11, 2020
      The Allure of Trade Secrets: KnowIt
    • March 26, 2020
      Protection of Digital Health Innovations
    • February 2020
      Life & Medical Science AI Patent Protection Trends
    • January 23 2020
      Addressing Bias in Artificial Intelligence Systems
    • November 12, 2019
      AIPLA Artificial Intelligence and IP Workshop Road Show: Protection of Machine Learning Training Data
    • August 1, 2019
      Strategies for Protecting AI Innovations
    • June 2019
      IP Protection Trends in Artificial Intelligence, Bulgaria
    • June 2019
      IP Protection Trends in Artificial Intelligence, Germany
    • June 2019
      IP Protection Trends in Artificial Intelligence
    • June 2019
      Artificial Intelligence: Emerging Issues and Strategic IP Protection
    • September 20, 2018
      IP Protection for Artificial intelligence and Big Data Innovations in the Life Sciences, Boston Bar Association Life Sciences Conference
    • September 2018
      Patent Strategies for Medical Technologies Utilizing Artificial Intelligence
    • July 2018
      Artificial Intelligence Deployed in Medical Devices: Patent Strategies and Challenges
    • April 2018
      Patent Claim Drafting for Software / Artificial Intelligence Technologies (University of California, San Diego)
    • January 23, 2018
      Protecting Your AI-Related Innovations: Trade Secrets or Patents?
    • June 2017
      Big Data and Cloud Computing: Strategies for Patent and Trade Secret Protection
    • January 2017
      Strategic Patent Protection of Software and AI-Based Innovations
    • November 2016
      Litigation-Focused Patent Prosecution
    • October 2016
      Update On Patentability Of Computer Implemented Inventions
    • May 2016
      Update on U.S. Protection of Computer Implemented Inventions
    • January 20, 2016
      Recent Developments in IP Law and Their Implications
    • November 17, 2015
      IP ConfEx: Becoming a Better IP professional and Legal Advisor: Soft Skills for Navigating a Contentious, Globalized Environment

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