Of Artificial Intelligence and Patent Litigation
Jasper L. Tran · SSRN Electronic Journal · 2021
Just as AI enables computers to perform increasingly complex tasks, it, however, also raises a host of novel issues at its intersection with the law, including issues for litigants in patent infringement suits. The investment in AI technologies likely will lead to an increase in AI-related patent litigation, and the introduction of a nonhuman actor into a traditional patent infringement analysis means that litigants will face unique issues stemming from the dynamic nature of AI technology. From whom and where to sue, to investigating, pleading and (dis)proving infringement, patent owners and accused infringers alike will need to adopt new strategies to confront the challenges posed by the latest frontier in patent litigation. This essay explores these AI-related patent litigation issues in depth. To wit, Parts I–IV seek to raises issues concerning four basic questions pertinent to AI-related patent infringement cases: (I) who exactly is the infringer?, (II) where is the infringer located?, (III) how is infringement pled?, and (IV) how is infringement proven?