Late Friday, the Book Class Plaintiffs in In re OpenAI MDL Litigation decided not to oppose OpenAI’s motion to strike the Plaintiffs’ supplemental expert report of Michael Lasinski and reliance on a paper on “dilution” by Dr. Tuhin Chakrabarty et al. In its motion to strike, OpenAI alleged that Plaintiffs’ counsel from Susman Godfrey “had funded Dr. Chakrabarty’s research” without disclosing such funding; see motion at the end below at p.1.
The Class Plaintiffs state in their Non-Opposition to OpenAI’s motion: “The relief that Defendants seek here is that Plaintiffs will not rely on the Generative AI Paper and will withdraw the Supplemental Report of Michael Lasinski discussing the paper. Plaintiffs’ service of the Supplemental Report and reliance on the Generative AI Paper was proper. But because the Generative AI Paper is cumulative of other evidence already in the record, and in light of Defendants’ concern with a testifying expert relying on a report served after the rebuttal report deadline, Plaintiffs will withdraw their reliance on the Generative AI Paper and do not oppose the requested relief.” Class Ps’ Notice of Nonopp. at p. 2.
The Class Plaintiffs dispute, however, OpenAI’s characterization of the nature of the funding. The response says: “Susman Godfrey did retain Dr. Dhillon as an expert in both this Action and In re Mosaic LLM Litigation, Case No. 3:24-cv-01451-CRB (N.D. Cal.). Susman Godfrey also retained Dr. Chakrabarty for work in the Mosaic litigation. Plaintiffs’ counsel compensated Dr. Dhillon for his work in this Action and the Mosaic action, and also compensated Dr. Chakrabarty’s institution for his work in the Mosaic litigation….But Susman Godfrey did not fund the Generative AI paper, nor did it provide edits or comments to the paper.” Class Ps’ Notice of Nonopp at pp. 1-2.
DOWNLOAD CLASS PLAINTIFFS’ Response:
DECLARATION OF DR. TUHIN CHAKRABARTY
DECLARATION OF DR. PARAMVEER DHILLON
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