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Am Law 100 firm with practices in Business, Digital Assets and Data Management, Intellectual Property, Labor & Employment, Litigation and Tax.

Home | BakerHostetler

Gregory Ulmer Named President-Elect of Houston Bar Association for 2026-2027 Term

James Sherer Participates in AI/GenAI Roundtable at BDO USA

AD Nauseam

AD Nauseam: Show Me the Money

FinCEN Removes US Entities and Citizens from CTA Reporting Rule

Chad helps clients identify and capture the intellectual property (IP) in their valuable data, algorithms and enterprise software. Clients rely on him to help identify their IP, build internal processes for its management, navigate open source and other open innovation strategies and create licensing programs that enable full value realization. He further protects that value in disputes and litigation, whether through enforcing clients’ IP rights or fending off attacks by competitors. He has helped clients protect innovations in AI model training, data standards and taxonomies, population health management, healthcare technology, data-driven water management and video games.

<span style="font-weight: 400;">Chad writes and presents regularly on the robust protections afforded by copyright law to software, data, artificial intelligence and related innovations. Since 2018, Chad has educated the bar on AI-related copyright issues, including fair use in model training, ownership of AI outputs and data rights. He has moderated or spoken on more than 35 panels for organizations such as the Copyright Society, the American Bar Association, Practicing Law Institute and the Association of Corporate Counsel. Chad developed the curriculum for the Copyright Society’s AI programming series, and currently serves as chair of the AI committee. He also helped develop the ABA’s AI and Robotics Institute, helped the ABA draft its response to the US Copyright Office’s Notice of Inquiry on AI and Copyright and serves as the chair of the Copyright and Emerging Technology committee of the ABA’s IPL section.</span>

Chad’s interest in how IP law has adapted to digital transformation began in his former role as a founder and business manager of a digital media publisher. He has been recognized as “highly experienced in copyright-related matters relating to software” by Legal500, AV Preeminent-rated by Martindale-Hubbell and has been voted by his peers as a Pennsylvania "Super Lawyer" and "Rising Star".

core/freeform

J.D., Rutgers University School of Law, 1996

B.A., Rutgers University, 1993

<ul>
<li>The Copyright Society: Volunteer of the Year Award (2024)</li>
<li>The Legal 500 United States (2020 to 2021)
<ul>
<li>Recommended in Intellectual Property &#8211; Copyright</li>
</ul>
</li>
<li>Martindale-Hubbell: AV Preeminent</li>
<li>Pennsylvania Super Lawyers
<ul>
<li>&#8220;Super Lawyer&#8221; (2013 to 2014)</li>
<li>&#8220;Rising Star&#8221; (2010 to 2011)</li>
</ul>
</li>
</ul>


Philadelphia

Chad Rutkowski Moderates Panel at 17th Annual Penn Intellectual Property Group Symposium

IP Intelligence Report

What Thomson Reuters v. Ross Does and Doesn’t Say About Fair Use and Generative AI

ADventures in Law

Use of AI in Marketing and Digital Media – 2025 Playbook

BakerHostetler Offers Six-Part Virtual CLE for In-House Counsel

Warner Chappell Music, Inc. v. Nealy: Supreme Court Allows Retrospective Copyright Damages Beyond 3 Years Based on Discovery Rule

Chad Rutkowski Authors Material on Data License Agreements for LexisNexis Practical Guidance

2024 BHIPP - BakerHostetler IP Perspective

Artificial Intelligence: Risks and Rewards

ABA responds to Copyright Office Notice of Inquiry on AI and Copyright

Webinar: Artificial Intelligence: Hot Topics and Emerging Issues for Legal Professionals

Rutkowski joins panel discussion about AI use in marketing

PDMI Take 20: AI Series, Ep. 2 — Regulatory Implications

Artificial Intelligence

Everyone Should Pay Attention to the USCO’s AI NOI

Multiple attorneys speak at Master’s Conference 2023

What <em>Goldsmith</em> Means to AI Trainers

The Other ‘Maybe’ Authors: Copyright Ownership for AI Trainers

No, the Federal Circuit Did Not Just Kill Off Software Copyrights – Knock It Off

Chad Rutkowski Quoted About Patent Procedures in Copyright Trials Following Ruling

Chad Rutkowski Authors Practice Note on Data License Agreements

Chad Rutkowski Speaks on “Unlocking the Value of Data”

Chad Rutkowski Speaks on “Google v. Oracle” at IP Conference

Data Counsel

Welcome to the Digital Transformation and Data Economy Newsletter – July 2021 Issue

BakerHostetler Attorneys, Practice Areas Recognized in The Legal 500 Guide for 2021

Chad Rutkowski Speaks on ‘Google v. Oracle’ Decision

Welcome to the Digital Transformation and Data Economy Newsletter – May 2021 Issue

The New (if Decidedly Not ‘Final’) Frontier of Artificial Intelligence Regulation

Chad Rutkowski to Discuss Data Protection at Philadelphia ACC Conference

Chad Rutkowski, Theresa Weisenberger Lead Webinar for Copyright Society on ‘Google v. Oracle’ Ruling

Chad Rutkowski Comments on Supreme Court Ruling in ‘Google v. Oracle’

The US Supreme Court Decides <i>Oracle v. Google</i>—The More Things Change, the More They Stay the Same

BakerHosts

Does Copyright Literally Protect Source Code Figuratively?

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Case Tracker: Artificial Intelligence, Copyrights and Class Actions

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IP & Technology Transactions and Outsourcing

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IP and AI Indemnity

<h5>Digital Transformation</h5>
<ul>
<li>Counseled American Water Works Company in its development of enterprise software, data analysis and machine learning technologies for operational and water quality enhancements, including implementation of IP capture, enforcement and licensing practices and protocols.</li>
<li>Counseled a large medical device client on best practices in software licensing for software embedded medical devices and helped negotiate several large purchase agreements related to same.</li>
<li>Negotiated a complex data lake construction, management and analytics software implementation on behalf of a vendor to a multinational consumer packaged goods conglomerate.</li>
<li>Counseled a large healthcare plan and provider company on data ownership and IP protection strategies.</li>
<li>Counseled encrypted browser technology provider on source code and data ownership strategies and open source dedication issues.</li>
<li>Counseled a large pharmaceutical and consumer health corporation in software UX ownership and infringement issues.</li>
<li>Negotiated a complex three way data analysis agreement between a healthcare cost management consortium, healthcare plan providers and IBM regarding use of Watson in optimizing healthcare costs.</li>
<li>Conducted an audit of client’s business practices to identify IP in technology firm enabling population health management, and designed best practices for IP development and management.</li>
<li>Drafted multiple IP and IT licensing contracts for client’s provision of learning management system and student drop/fail/withdraw analytics software.</li>
<li>Drafted IP and IT licensing contracts for client’s development of smart cities project.</li>
<li>Drafted IP and IT licensing contracts for client’s retail data analytics and reporting software platform utilizing Tableau and other software products.</li>
</ul>
<h5>Digital Media and Content Delivery</h5>
<ul>
<li>Serves as intellectual property counsel for 2U, Inc., a distance learning platforms and services for prestigious higher education institutions. In addition to helping 2U protect its intellectual property platform, he has helped draft and review numerous complex licensing deals.</li>
<li>Defended a client in copyright litigation against claims that photographs were used without permission on an audiovisual content menu guide.</li>
<li>Drafted licensing deal between audiovisual production company and retail brand client for development of over the top platform distribution.</li>
<li>Assisted video hosting company with development of content management best practices and DMCA compliance.</li>
<li>Helped client reach a favorable settlement in a copyright infringement assertion against an advertising agency that created an auto dealership marketing campaign on YouTube.</li>
<li>Successfully negotiated the resolution of an infringement claim by Facebook against a client, a provider of webpage layout services that allows users to customize their Facebook pages.</li>
</ul>
<h5>Technology Platform Protection</h5>
<ul>
<li>Pursued CFAA and breach of contract claims against data scraping company for losses experienced by client’s retail ecommerce website.</li>
<li>Assisted in client’s protection of IP assets in acquisition of technology-enabled consumer credit analysis firm.</li>
</ul>
<h5>Intellectual Property Licensing Litigation</h5>
<ul>
<li>Counseled online gaming provider on appeal options after a loss on DMCA content management information violation claims.</li>
<li>Developed copyright infringement and trade secret misappropriation claims against hold-over software licensee for unauthorized modifications to client’s virtual workspace software.</li>
<li>Pursued trademark infringement claims against hold-over licensee for unauthorized uses of nutraceutical trademarks.</li>
<li>Pursued trade secret misappropriation and unfair competition claims on behalf of value added reseller of software solutions against competitor that engaged in corporate raiding activities.</li>
<li>Defended client against hold-over licensee claims of copyright infringement relating to alleged use of photographs in marketing and promotion of home improvement goods.</li>
<li>Obtained a high seven-figure settlement in a patent licensing dispute involving technology for the location of cell phone users over wireless networks.</li>
<li>Pursued International Chamber of Commerce arbitration proceedings in London relating to a breach of an exclusive trademark license agreement for the licensee’s asserted failure to properly promote and increase the value of licensed nutraceutical trademark.</li>
</ul>
<h5>Intellectual Property Indemnification Recovery</h5>
<ul>
<li>Spearheaded the indemnification recovery efforts of a large wireless carrier in more than 100 patent infringement lawsuits since 2010. Helped develop processes to ensure timely notice and case updates to more than 200 potential indemnitors; established complex but transparent formulae for the allocation of responsibility across multiple technology fields; and increased both indemnitor tender acceptances and post-loss reimbursements for his client.</li>
<li>Successfully defended multiple clients against indemnification assertions, including a supplier of equipment used in polishing and finishing semiconductor wafers and the supplier of voltage metering equipment.</li>
</ul>


Chad A. Rutkowski

Chad A. Rutkowski

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