The trial in the ongoing copyright lawsuit between Thomson Reuters and the defunct legal research startup ROSS Intelligence has been postponed once more, following an order from Judge Stephanos Bibas of the 3rd U.S. Circuit Court of Appeals. This delay is to allow ROSS an opportunity to file an interlocutory appeal.
Thomson Reuters initially accused ROSS of infringing its copyrights by using Westlaw headnotes to train its AI-based legal research tool. On February 11, Judge Bibas ruled in favor of Thomson Reuters’ summary judgment, determining that ROSS had indeed infringed upon these copyrights. Nonetheless, several significant issues remain—including questions about the originality of the West headnotes and Key Number System and the fairness of ROSS’s use of this material (source).
Judge Bibas’s April 4 order certified two key questions for the 3rd U.S. Circuit Court of Appeals: the originality of the West headnotes and Key Number System and whether ROSS’s utilization of them constituted fair use. Although he mentioned plans to release a detailed opinion explaining his rationale, the docket has yet to reflect such a submission.
The case, started in 2020, marks another twist in a protracted legal battle that has already seen one previous trial postponement. Originally set for last August, the trial was delayed after Judge Bibas found that his initial summary judgment rulings did not sufficiently address the complexities of the case.
To manage the interlocutory appeal, ROSS has enlisted the expertise of the law firm White & Case, with Anna Naydonov leading their efforts. In a statement, Naydonov emphasized the significance of the case in shaping legal standards related to fair use in AI technology, and expressed confidence in advocating for U.S. innovation at the Third Circuit.
The lawsuit provides significant implications for copyright issues in the realm of AI-driven technologies. As the 3rd Circuit prepares to review the questions certified by Judge Bibas, legal professionals keenly await the guiding principles that may emerge from this pivotal appeal (read more).