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Artificial Intelligence Summary Judgment

Perkins Coie

Fair Use Defense Failed in Thomson Reuters v. Ross, Jury Still out for Generative AI

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The first substantive decision on the fair use defense in an artificial intelligence (AI) copyright case came down against the defendant, who used AI to create a competing product. However, as the decision expressly limited...more

Mintz

Copying Westlaw Headnotes to Train AI Legal Search Competitor Is Not Fair Use, Per District of Delaware

Mintz on

On February 11, 2025, Third Circuit visiting Judge Stephanos Bibas, sitting by designation on the U.S. District Court for the District of Delaware, granted summary judgment that Ross Intelligence directly infringed Thomson...more

Schwabe, Williamson & Wyatt PC

Delaware Court Delivers First Copyright Verdict on AI Training

On February 11, 2025, the U.S. District Court for the District of Delaware became the first to rule on whether the use of copyrighted materials to train an AI system qualifies as copyright infringement. In Thomson-Reuters...more

Mayer Brown

ROSS AI Decision Gives Early Indication of Strengths and Weaknesses of Fair Use Defense

Mayer Brown on

On Tuesday, a Delaware federal district court granted partial summary judgment to Thomson Reuters Enterprise Centre GmbH (“Thomson Reuters”) in its copyright litigation against ROSS Intelligence (“ROSS”). The lawsuit, which...more

Ballard Spahr LLP

Court Issues First Decision on AI and Fair Use

Ballard Spahr LLP on

Recently, a federal court issued the first ruling on the closely watched issue of fair use in copyright infringement involving AI. The court ruled in favor of the plaintiff on its direct infringement claim, and ruled that the...more

Husch Blackwell LLP

Delaware Court Grants Summary Judgment to Plaintiff in Machine Learning / AI Copyright Case

Husch Blackwell LLP on

Albert Einstein is credited with saying “the measure of intelligence is the ability to change.” In September 2023, Judge Stephanos Bibas—sitting by designation in the District of Delaware—denied plaintiff Thomson Reuters’...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Fair-Use Whiplash: Thomson Reuters v. Ross Intelligence Revisits Fair Use for Artificial Intelligence

On Tuesday, February 11, a Delaware district court issued much-awaited summary-judgment decisions in Thomson Reuters Enterprise Centre GmbH et al v. ROSS Intelligence Inc., No. 1:20-cv-613, potentially shaping how future...more

BakerHostetler

Surprise Move: Judge Walks Back AI Copyright Ruling in Thomson Reuters v. ROSS

BakerHostetler on

Thomson Reuters v. ROSS, 1:20-cv-00613-SB, is the first district court case to address fair use and copyright infringement related to training AI models. Judge Bibas granted summary judgment of no fair use upon a balancing of...more

Holtzman Vogel Baran Torchinsky & Josefiak

In Compliance: Holtzman Vogel's July 2024 Round-Up

Holtzman Vogel attorneys wrote on the Supreme Court's landmark Loper Bright decision earlier this month. The Court overruled its 1984 decision in Chevron v. NRDC that introduced the so-called "Chevron deference" principle...more

Bradley Arant Boult Cummings LLP

Using ChatGPT to Interpret Insurance Policies? Eleventh Circuit Opens the Door to AI’s Role in Policy Interpretation

While recently resolving an insurance coverage dispute in Snell v. United Specialty Insurance Company, 102 F.4th 1208 (11th Cir. 2024), an Eleventh Circuit concurring opinion discussed the potential employment of artificial...more

McDonnell Boehnen Hulbert & Berghoff LLP

The New York Times Calls Out OpenAI on Its Motion to Dismiss

Responding to the OpenAI brief that read more like a press release than a traditional motion to dismiss, the New York Times attacked OpenAI's approach from the very first sentence, calling the factual background of OpenAI's...more

Proskauer - Minding Your Business

The “State of the Arts” after Andy Warhol Foundation v. Goldsmith

It has been eight months since the Supreme Court’s landmark copyright fair use decision in Andy Warhol Foundation for the Visual Art, Inc. v. Goldsmith. Much has been written on the subject, including in this forum, but in...more

Farella Braun + Martel LLP

Fair Use Question Goes to Trial in AI Copyright Lawsuit – Thomson Reuters v. Ross Intelligence

On September 25, 2023, a United States Circuit Judge determined that fact questions surrounding issues of fair use and tortious interference required a jury to decide media conglomerate Thomson Reuters’s lawsuit against Ross...more

Skadden, Arps, Slate, Meagher & Flom LLP

AI Insights: In AI Training Case Brought by Thomson Reuters, Court Denies Summary Judgment

In AI Training Case Brought by Thomson Reuters, Court Denies Summary Judgment - In Thomson Reuters v. Ross Intelligence, a district court largely denied the parties’ cross motions for summary judgment and held that a...more

Proskauer - Minding Your Business

Thomson Reuters v. Ross Intelligence: D. Del. SJ Decision Provides Insight as Copyright Litigation Tests the Legality of...

Generative AI has taken the world by storm since OpenAI launched ChatGPT in November 2022. But the buzz and excitement of GAI has come with difficult legal questions that threaten the new technology. Several lawsuits—some of...more

Davis Wright Tremaine LLP

D.C. Federal District Court Holds Work Created Entirely by an AI System Cannot Be Copyrighted

On August 18, 2023, in Thaler v. Perlmutter, Judge Beryl A. Howell of the U.S. District Court for the District of Columbia granted the U.S. Copyright Office's motion for summary judgment, affirming the Copyright Office's...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - August 2022 #2

PATENT CASE OF THE WEEK - Thaler v. Vidal, Appeal No. 2021-2347 (Fed. Cir. Aug. 5, 2022) - In its only precedential patent decision this week, the Federal Circuit answered a question that had long occupied the musings...more

Hanzo

Solving the Problem(s) of Multidistrict Litigation, Part 1: Early Identification of Meritless Claims

Hanzo on

Multidistrict litigation (MDL) has become a major component of the U.S. civil litigation system. MDLs now make up over half of the total civil caseload in the U.S., with product liability cases comprising the vast majority of...more

Pullman & Comley, LLC

The Ghost of Systems Past: “Big Data” Suits Loom, But Old Data Issues Remain Unresolved

Pullman & Comley, LLC on

2017 could be big for litigation over “Big Data” applications in insurance. This past year saw the filing of several “price optimization” class actions, and claims against a fraud detection tool, similar to the ones used by...more

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