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Thomson Reuters, ROSS Intelligence disagree on meaning of Third Circuit’s ASTM v. UpCodes in supplemental briefs asked by Third Circuit

The Third Circuit asked the parties in Thomson Reuters v. ROSS Intelligence for supplemental briefs (on top of the supplemental letters) on how the Third Circuit’s own fair use decision in American Society for Testing & Materals v. UpCodes applies to their case.

The fact that the Third Circuit has now 2 fair use appeals related to AI-native legal research tools (UpCodes and ROSS Intelligence) within the same year is pretty remarkable.

Here’s the ASTM v. UpCodes decision:

Here’s appellant ROSS Intelligence’s Supplemental Brief with Excerpt:

Here’s Thomson Reuters’ Supplemental Brief with Excerpt:

You can find all the briefs here.

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