News & Analysis as of June 24, 2025

Motion to Dismiss

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A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous... more +

Software Gains New Status as a Product Under Strict Liability Law

Morrison & Foerster LLP on 6/19/2025

A recent lawsuit involving an AI chatbot represents another indication of a possible shift in how courts will approach software under traditional strict products liability principles. Traditionally, courts have been hesitant...more

Microsoft's Motion to Dismiss NY Times Lawsuit over ChatGPT: How is ChatGPT Like a VCR?

McDonnell Boehnen Hulbert & Berghoff LLP on 3/8/2024

Like OpenAI before it, Microsoft has sought to dismiss portions of the lawsuit the New York Times has brought against it over ChatGPT. While raising some of the same arguments, Microsoft takes a more traditional path with...more

Court Dismisses Most Claims In Two AI Copyright Cases

Willcox & Savage on 3/8/2024

The U.S. District Court for the North District of California dismissed four of six claims in a pair of cases alleging that the use by OpenAI, Inc. of the plaintiffs’ books infringed the copyrights in those books. Tremblay v....more

OpenAI's Motion to Dismiss NY Times Lawsuit over ChatGPT: Do They Want to Win or Influence Public Opinion?

McDonnell Boehnen Hulbert & Berghoff LLP on 3/6/2024

In response to the lawsuit the New York Times has filed against it, OpenAI has sought to dismiss portions of the complaint. But instead of filing a traditional motion to dismiss that argues that the allegations of the...more

Is the Copyright Threat to Generative AI Overhyped? Implications of Kadrey v. Meta

Farella Braun + Martel LLP on 2/9/2024

In November 2023, Meta successfully had nearly all of the claims against it dismissed in the Kadrey v. Meta Platforms, Inc. suit, a victory with potential implications for other technology companies with generative AI tools....more

More Privacy, Please - September/October 2023

Troutman Pepper Locke on 11/28/2023

Editor’s Note: The FTC continues to crack down on privacy and cybersecurity, including issuing a new warning to tax preparation companies and entering into a consent decree with 1Health.io. VPPA and BIPA litigation continues...more

District Court Decision Provides Guidance on Patent Eligibility of Claims Directed to Using and Training Machine Learning Models

Akin Gump Strauss Hauer & Feld LLP on 10/18/2023

Judge Williams in the District of Delaware recently granted a motion to dismiss the complaint because the patents-in-suit claim ineligible subject matter under 35 U.S.C. § 101. The patents are directed to using and training...more

Breach of Open-Source License Claim Against AI Coding Assistant May Continue, Court Says

ArentFox Schiff on 6/16/2023

In an early test of a potential landmark lawsuit involving generative AI coding tools, a claim for breach of open-source licenses partially survived the defendants’ motion to dismiss. The case joins a recent trend of...more

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