The 9th Circuit plans on scheduling the oral argument in the interlocutory appeal in Doe 1 v. Github for December 2025 or January 2026.
OpenAI has hired Lisa S. Blatt of William & Connolly presumably to do the oral argument on their side. Blatt successfully argued Andy Warhol Foundation v. Goldsmith on behalf of Goldsmith. She “has argued 54 cases before the United States Supreme Court and has an 81% win rate in cases decided.” Incredible success rate. (Blatt’s involvement in the appeal is somewhat old news, given she was the lead attorney on OpenAI’s appellee’s brief on July 11, 2025 and made an appearance back on April 30, 2025.)
Based on the briefing, it looks like Jesse Panuccio, the former Acting Associate Attorney General at the United States Department of Justice and now partner for Boies Schiller Flexner, might be doing the oral argument for Doe.
The 9th Circuit order: “This case is being considered for an upcoming oral argument calendar in San Francisco. Please review the San Francisco sitting dates for December 2025 and the subsequent sitting month in that location at http://www.ca9.uscourts.gov/court_sessions. Absent an irreconcilable conflict, the court expects you to appear and argue your case during one of these two months. If you have an irreconcilable conflict on any of the dates, please consult with opposing counsel to propose an alternate date and/or location and file Form 32 (http://www.ca9.uscourts.gov/forms/form32.pdf) within 3 business days of this notice using the ACMS filing type Response to Case Being Considered for Oral Argument. Please follow the form’s instructions (http://www.ca9.uscourts.gov/forms/form32instructions.pdf) carefully. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a motion within 3 business days of this notice, using the filing type: Motion to Refer to Mediation. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date.”