Jennifer Mauri

As artificial intelligence (AI) becomes increasingly powerful, its applications continue to expand, and its use gains widespread adoption, new legal challenges in the intellectual property space come with it. From a simplified view, generative AI is the term used to describe algorithms that can create content such as images, written works, audio, and videos. These algorithms work by inputting similar types of content (i.e. “training”) from which the algorithm learns patterns. After a sufficient amount of training, the algorithm can create new content based on the patterns learned from its training.

Nome, Alaska and San Juan, Puerto Rico are both home to a federal courthouse where, ostensibly, under the recent Acorda Therapeutics holding and subsequent court decisions, a generic pharmaceutical company will be subject to personal jurisdiction if they file an Abbreviated New Drug Application (ANDA) with the Food and Drug Administration (FDA). In Acorda Therapeutics, Inc. v. Mylan Pharmaceuticals, Inc., 817 F.3d 755 (Fed. Cir. 2016), the Federal Circuit held that an ANDA filer opens themselves up to nationwide personal jurisdiction merely by virtue of filing an ANDA application. This is a broad holding that, in effect, subjects a generic company to personal jurisdiction in any forum that has a district court.