The Clerk of the Third Circuit just posted an order by the Third Circuit in Thomson Reuters v. ROSS Intelligence, an interlocutory appeal over (1) whether Westlaw headnotes used by ROSS were copyrightable expression (or lacked originality) and (2) whether ROSS’s use of some headnotes to train its AI model was a fair use:
“At the direction of the Court, the parties are ordered to file supplemental briefing addressing what impact, if any, this Court’s opinion in Amer. Society for Testing and Materials v. UpCodes Inc., 2026 WL 935309 (3d Cir. April 7, 2026), has on this appeal.
“The supplemental briefs must not exceed 7 pages double-spaced in 12 pt. font and must be filed within 14 days of the date of this order. Answer due 05/11/2026.”
The parties’ 28(j) supplemental authority letters apparently were not enough. They are linked to below in the relevant articles:
For more: