Strict Liability and Willful Blindness
For Slamsung: Pixelverse knew the IP risk, failed to verify FormGen's output and commercially used protected technology.
Every Future Lawyers fellow finishes the programme with an original piece of legal work. These are the moot court memorials from our Aug 29 Cohort. Click any project to read it.
14 shown
For Slamsung: Pixelverse knew the IP risk, failed to verify FormGen's output and commercially used protected technology.
For Slamsung: direct infringement follows from making and selling the patented product, even without an intent to copy.
For Slamsung: using an unverified formula and deploying AI without safeguards created responsibility for the resulting harm.
For Pixelverse: a third-party AI malfunction retrieved hidden data despite instructions to create an original formula.
For Slamsung: Pixelverse cannot avoid liability after using and selling an AI-generated formula without checking its source.
For Slamsung: the company remains responsible for an infringing product and for operating AI without adequate guardrails.
For Pixelverse: its prompt showed care, while the publicly accessible leak broke the chain of trade-secret liability.
For Pixelverse: documented instructions to avoid Slamsung's method show no intent or knowledge of the AI's hidden source.
For Pixelverse: FormGen independently accessed leaked information and presented it as an original invention.
For Pixelverse: trade-secret misuse requires improper conduct or knowledge, neither of which the company possessed.
For Pixelverse: an AI glitch does not replace proof that every patent limitation or statutory knowledge requirement was met.
For Pixelverse: any innocent infringement should receive a limited royalty, while the trade-secret claim fails for lack of knowledge.
For Pixelverse: the court may weigh accidental patent use, but the company did not knowingly obtain a trade secret.
For Pixelverse: FormGen acted independently, with no proof that the company intended to copy or knew it had protected data.