The pool of cases that might have a decision on fair use in AI training in 2026 is dwindling fast. In In re OpenAI Copyright Infringement Litigation, Judge Stein granted the parties’ request for an amendment to the scheduling order, which pushes the reply briefs for summary judgment all the way to Nov. 6 (instead of Oct. 16). No date for hearing.
At this point, Concord Music v. Anthropic I, with a hearing on SJ motions on July 15, 2026, appears to be the one case we can reasonably expect a ruling in 2026.
Here’s the current lineup of contenders for decisions on summary judgment in 2026.
- July 8, 2026 – In re Google Gen AI Litigation last day to file SJ motion (Judge Lee); last day to hear SJ motions Sept. 11, 2026, at 1:30 PM (see ECF No. 199) [Pending Plaintiffs’ motion to extend the scheduling order proposes to push the hearing to “March 10, 2027 at 10:00 a.m., or 90 days following issuance of an order on class certification, whichever is sooner” See ECF No. 403.]***Under current schedule, 2d up
- July 15, 2026 – Concord Music v. Anthropic hearing on SJ (Judge Lee) (see ECF No. 587)**NEXT UP
- Aug. 14, 2026 – UMG Recordings v. Suno SJ motions due (Judge Saylor IV) [Pending motion to extend the scheduling order may push this out at least 3 months. ECF No. 187]
- Oct. 30, 2026 – In re Mosaic LLM Litigation replies on SJ due (Judge Breyer) (see ECF No. 270)
- Nov. 4, 2026 – Andersen v. Stability AI hearing on SJ (Judge Orrick)
- Nov. 6, 2026 – In re OpenAI Infringement Litigation replies on SJ due (Judge Stein) (see ECF No. 1452))
- Nov. 23, 2026 – Nazemian, Dubus v. NVIDIA replies due on SJ (Judge Tigar)
Judge Stein’s Scheduling Order:
