Testing the Limits of the IP Legal Regimes: The Unique Challenges of Artificial Intelligence
25 SEDONA CONF. J. 389 (Aug. 2024)
Co-authored with Hon. Paul R. Michel, former Chief Judge of the U.S. Court of Appeals for the Federal Circuit. Available here.
Among the topic the revised paper addresses in detail are:
- Should GenAI-assisted works of authorship or inventions be eligible for copyright or patent protections?
- Should GenAI-assisted software code be eligible for copyright protection?
- Should the patentability of inventions be recalibrated given the impact of the proliferation of AI on prior art and the knowledge of a person having ordinary skill in the art?
- Should the use of public GenAI in a company’s product development lifecycle presumptively constitute public disclosure invalidating patent or trade secret rights?
- Should individuals have rights against the use of GenAI to create deepfakes appropriating their identities?
- Are copyrighted works protected from being used in training generative AI models? If not, should they be?
I served as Managing Editor for the following consensus, non-partisan publications of The Sedona Conference (available for free download here):
Patent Litigation
Working Group 10 Commentary on Patent Litigation Best Practices
- WG10 Introductory Chapter (July 2015 edition)
- WG10 Case Management Issues from the Judicial Perspective Chapter (Dec. 2015 edition)
- WG10 Case Management Issues from the Judicial Perspective Chapter – Section on Exceptional Case Determinations (Oct. 2016 public comment version)
- WG10 Pleading Standards Under Iqbal/Twombly Chapter (Oct. 2017 edition)
- WG10 Mediation Chapter (Apr. 2017 edition)
- WG10 Parallel USPTO Proceedings Chapter (“Stage One”) (Oct. 2016 Edition); (“Stage Two”) (July 2017 public comment version)
- WG10 Discovery Chapter (Dec. 2015 edition)
- WG10 Summary Judgment Chapter (Oct. 2015 edition)
- WG10 Section 101 Motions on Patentable Subject Matter Chapter (Sept. 2016 public comment version)
- WG10 Use of Experts, Daubert, and Motions in Limine Chapter (Dec. 2015 edition)
- WG10 Willful Infringement Chapter (July 2020 public comment version)
- WG10 Chapter on Streamlining Lower-Value Patent Cases (July 2023 edition)
- WG10 Chapter on International Trade Commission Section 337 Investigations (May 2019 edition)
- WG10 Biopharma Litigation Chapter (Oct. 2021 public comment version)
- WG10 Framework for Analysis of Venue Selection for Global Patent Litigation: Strategic Considerations (Oct. 2022 public comment version)
- WG10 Framework for Analysis for the Efficient Resolution of Disputes before the Forthcoming European Unified Patent Court (May 2023 edition)
- WG10 & WG12 Commentary on Cross-Border Discovery in US Patent and Trade Secret Cases (“Stage One”) (May 2021 public comment version); (“Stage Two”) (July 2023 edition)
Working Group 9 on Patent Damages and Remedies Commentaries
- WG9 Commentary on Patent Reasonable Royalty Determinations (Dec. 2016 edition)
- WG9 Commentary on Case Management of Patent Damages and Remedies Issues – Proposed Model Local Rules for Damages Contentions (July 2017 edition)
- WG9 Commentary on Case Management of Patent Damages and Remedies Issues – Patent Damages Hearings (May 2017 public comment version)
- WG9 Framework for Analysis of Standard-Essential Patent (SEP) and Fair, Reasonable, and Non-Discriminatory (FRAND) Licensing and Royalty Issues (Jan. 2023 edition)
Trade Secrets
Working Group 12 on Trade Secrets
- WG12 Commentary on the Proper Identification of Asserted Trade Secrets in Misappropriation Cases (October 2022 edition)
- WG12 Commentary on Protecting Trade Secrets Throughout The Employment Life Cycle (March 2022 edition)
- WG12 Commentary on Equitable Remedies in Trade Secret Litigation (March 2022 edition)
- WG12 Commentary on Protecting Trade Secrets in Litigation About Them (March 2022 edition)
- WG12 Commentary on the Governance and Management of Trade Secrets (July 2023 edition)
- WG12 Commentary on Monetary Remedies in Trade Secret Litigation (July 2023 edition)
- WG12 Framework for Analysis on Trade Secret Issues Across International Borders: Extraterritorial Reach (June 2022 edition)