『Interview With Angela Dunning, who defends Midjourney and Meta, explains where AI copyright litigation in the US stands and where it is heading – IP Fridays – Episode 180』のカバーアート

Interview With Angela Dunning, who defends Midjourney and Meta, explains where AI copyright litigation in the US stands and where it is heading – IP Fridays – Episode 180

Interview With Angela Dunning, who defends Midjourney and Meta, explains where AI copyright litigation in the US stands and where it is heading – IP Fridays – Episode 180

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 I am Rolf Claessen and my co-host Ken Suzan and I are welcoming you to episode 180 of our podcast IP Fridays! Today’s interview guest is Angela Dunning, who defends Midjourney and Meta, and explains where AI copyright litigation in the US stands and where it is heading. Profile of Angela Dunning: https://www.clearygottlieb.com/professionals/angela-l-dunning But before we hear the interview, I have news for you! On 19 October 2026, the US Supreme Court declined to hear Google’s appeal in Google v. VirtaMove. Google, backed by the computer and automotive industries, wanted to end the Patent Trial and Appeal Board’s practice of shielding older patents based on “settled expectations.” According to the amici, this practice led to the denial of 201 review petitions between June and October 2025. The Court followed the Solicitor General’s recommendation. On 22 October 2026, the EUIPO and the European Commission published their IP enforcement report. In 2025, authorities seized more than 196 million counterfeit items worth €6.3 billion, 67 percent more than in 2024. Trademarks were the most frequently infringed right at 57 percent, followed by designs at 7 percent. By value of goods detained at the EU border, Germany ranked second behind Spain. On 5 October 2026, Italian Prime Minister Giorgia Meloni filed a four-second recording of her voice saying “Io sono Giorgia Meloni” as a sound mark with the EUIPO. She wants to protect herself against AI voice clones and deepfakes. The application covers downloadable multimedia content and the organization of political rallies, among other things, and is currently under examination. On 7 October 2026, the District Court of The Hague barred MSD from selling its subcutaneous cancer therapy Keytruda in eight European countries, including Belgium, France and Italy. The ruling came at the request of Halozyme Therapeutics. The court held patent EP 2 797 622 valid and infringed, even though MSD itself had started the proceedings with an action for a declaration of non-infringement. On 2 October 2026, it emerged that Moderna has sued BioNTech and Pfizer over the vaccine Comirnaty before the UPC Local Division Hamburg (UPC-CFI-0003215/2026). According to JUVE Patent, it is the division’s first major life sciences case in a long time. Moderna relies on EP 3 981 437, after EPO Board of Appeal 3.3.08 revoked its core patent EP 3 590 949 for added matter in mid-September. Moderna is seeking damages rather than a sales ban. On 28 September 2026, the US Senate Subcommittee on Intellectual Property questioned USPTO Director John Squires. The hearing focused on two topics: the Office’s authority to set its own fees, which expires on 12 December 2026, and the planned overhaul of proceedings before the Patent Trial and Appeal Board. Squires said he is considering returning merits decisions to PTAB panels. Generative AI on Trial: Angela Dunning on Fair Use, Trade Dress and a Monkey Selfie More than 140 copyright lawsuits against AI developers are pending in the United States, and the first substantive rulings point toward fair use for training. In the latest episode of IP Fridays, my co-host Ken Suzan spoke with Angela Dunning, one of the lawyers defending those developers, about what courts have decided so far, which claims are still open and why she considers a trade dress claim over art styles a real risk for artists themselves. Angela is a partner at Cleary Gottlieb in Silicon Valley. Her practice covers generative AI, copyright, trademark, technology and contract disputes, and Chambers ranks her for it. She has tried numerous cases to jury verdicts and won published IP appeals before the Ninth Circuit. In 2008 she worked as an assistant district attorney in San Francisco under then District Attorney Kamala Harris, and today she also teaches trademark law at UC Berkeley School of Law. She represents Midjourney and Meta in some of the most closely watched AI copyright cases in the country. How a monkey led to the first AI training lawsuit Angela’s path into AI litigation started about ten years ago with a crested macaque named Naruto. The monkey, from Sulawesi in Indonesia, had taken photographs of himself with a wildlife photographer’s camera. Those “monkey selfies” were later published through the self-publishing platform Blurb, Angela’s client, and Naruto (represented by animal rights advocates) sued for copyright infringement. The case was funny on the surface and serious underneath. It raised the question of whether a non-human can be an author and have standing to sue under the Copyright Act. Angela knew even then that the answer would matter for generative AI, so her team paid close attention to how the human authorship requirement was framed. As she put it, losing to a monkey would have meant looking for a new job. The court held that copyright requires a human author, and the U.S. Copyright Office still cites that decision when it rejects ...
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