Marcela Pertusi Hernández
§ 1.1. Introduction
We are pleased to present the rapidly growing Chapter on Artificial Intelligence. This year, we have added a new component by including significant blockchain cases. Why? Both AI and blockchain represent emerging technologies that present vexing legal issues for clients, business lawyers, litigators and the judiciary. This Chapter seeks to serve as a guide for those seeking a better understanding of this rapidly evolving legal landscape.
It is no surprise that the number of cases and complexity of issues are proliferating. With regard to AI, issues around bias and fairness continue to predominate as use cases and adoption across industries expand. Questions around IP ownership and registrability, especially with generative AI tools, are also quickly becoming a hot topic. And Mr. Thaler continues to advance the question through litigation of whether AI software systems can obtain a patent or copyright for its output. See e.g. Thaler v. Vidal, 43 F.4th 1207 (Fed. Cir. 2022) (affirming the district court holding in