Imagine That IP Law Blog

AI-generated images have taken the internet by storm. From (occasionally terrifying) “deep fakes” to whimsical images of King Charles breakdancing, AI-generated images have entered the mainstream.

On August 18^th, in the case Thaler v. Perlmutter et al., Case No. 1:22-cv-01564 (U.S. District Court for the District of Columbia), Judge Howell of the DC Circuit held that artificial intelligence cannot be an author under U.S. Copyright Law.

The copyright application before the Court claimed that a particular artificial intelligence (“AI”) system was the “author” and ... Read More ›

In an Inter Partes Review (IPR), the burden of proof and persuasion lies with the petitioner to demonstrate "unpatentability by a preponderance of the evidence" under 35 U.S.C. § 316(e). “[T]hat burden never shifts to the patentee.” Dynamic Drinkware, LLC v. Nat'l Graphics, Inc., 800 F.3d 1375, 1378-79 (Fed. Cir. 2015). Accordingly, to invalidate a claim in an IPR, the petitioner must establish by a preponderance of the evidence, that a claim in a patent is unpatentable.

To prove that a claim is unpatentable for violating “obviousness” requirements under 35 U.S.C §103, a ... Read More ›