Judge Breyer denied the motion to dismiss the Plaintiffs’ Second Amended Complaint in In re Mosaic LLM Litigation.
Databricks and Mosaic argued that the complaint failed to state a claim of infringement because the allegations are only that “Databricks copied their books during early development of DBRX and not its actual training.”
Judge Breyer found the allegations sufficient:


Not surprising at the motion to dismiss stage. But it will be quite interesting to see how this experimental use argument plays out.
DOWNLOAD JUDGE BREYER’S ORDER