ROSS Intelligence has filed an appeal petition challenging the District of Delaware's copyright findings related to Thomson Reuters' Westlaw materials. The case revolves around Judge Bibas’ conflicting rulings on originality and fair use, which are crucial to the legality of ROSS' AI model training. The petition argues that the judge's decisions lacked clarity on important legal questions, particularly regarding whether the facts used by ROSS meet the originality threshold set in the Feist case. ROSS seeks to overturn these findings at the Third Circuit.
Judge Bibas' summary judgment rulings are doctrinally flawed... ROSS contends, because neither opinion answered the central question of factor one.
Parroting Judicial Opinions Fails to Achieve Originality Required by Feist.
Substantial grounds for a difference of opinion on the legal questions presented, a requirement for the certification of Section 1292(b) interlocutory appeals, is arguably made clear by conflicting opinions.
In September 2023, Judge Bibas entered an opinion largely denying motions for summary judgement from both ROSS and Thomson Reuters, finding that both the originality and fair use issues should move toward trial.
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