Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:
- an article about AI-generated content and its interaction with copyright law;
- an article covering various attorneys’ reactions to the news that U.S. Patent and Trademark Office “Director Kathi Vidal would take on an expanded role overseeing patent validity disputes”; and
- a blog post about how the “Alliance of U.S. Startups and Inventors for Jobs (USIJ) published a White Paper” showing how “some high-profile Patent Trial and Appeal Board (PTAB) cases might have played out if the” PREVAIL Act’s “provisions had already been in force.”
Samuel Lewis authored an article for Law360 about AI-generated content and its interaction with copyright law. He noted how “generative AI is capable of creating content based upon the material used to train it” and how “that in turn raises a question of who may face liability for copyright infringement when the AI incorporates portions of existing works in a ‘new’ work.” He also highlighted how, currently, “U.S. copyright law only protects materials that result from human creativity.”
Michael Shapiro authored an article for Bloomberg Law covering various attorneys’ reactions to the news that U.S. Patent and Trademark Office “Director Kathi Vidal would take on an expanded role overseeing patent validity disputes.” He mentioned how “[s]everal attorneys . . . conveyed measured optimism, while others expressed concerns” in response to the recent news. Shapiro discussed how the “expanded director review process comes as the agency retires its precedential opinion panel, a group made up of senior PTO officials and formed in 2018 while Andrei Iancu served as director.”
Eileen McDermott wrote a blog post for IPWatchdog about how the “Alliance of U.S. Startups and Inventors for Jobs (USIJ) published a White Paper” showing how “some high-profile Patent Trial and Appeal Board (PTAB) cases might have played out if the” PREVAIL Act’s “provisions had already been in force.” She discussed how the “PREVAIL Act was introduced by Senators Chris Coons (D-DE), Thom Tillis (R-NC), Dick Durbin (D-IL) and Mazie Hirono (D-HI) in June with the aim of substantively reforming the PTAB.” McDermott also discussed the cases the White Paper claims would have turned out differently under the PREVAIL Act.