Managing IP quoted Partner Chad Rutkowski in an April 18, 2023, article titled “Copyright trials may adopt patent procedures post-Fed Circuit ruling.”
The article notes that the circuit court used the abstraction-filtration-comparison (AFC) test, which seeks to uncover “substantial similarity” in applying copyright law. Rutkowski told the publication that AFC has been widely used for more than 30 years, but in this case there was concern that the district court had tried to impose “patent-like procedures on copyright cases,” according to the article.
Read the article (subscription required).