Mealey's Artificial Intelligence : Mealey's : Legal News & Analysis

Mealey's Artificial Intelligence

May 21, 2024
Board Distinguishes Dell Patent Application From AI Example In Revised Guidance

ALEXANDRIA, Va. — An examiner’s determination that a machine learning model for providing improved forecasting of market behavior is unpatentable will not be disturbed, the Patent Trial and Appeal Board said May 20, rejecting reliance by real party-in-interest Dell Products L.P. on a neural network-based example in the U.S. Patent and Trademark Office’s updated guidance on patent eligibility.
May 21, 2024
Multiplan Is Using AI To Drive Down Out-Of-Network Reimbursements, Hospitals Say

CHICAGO — Multiplan Inc., a company purportedly dedicated to lowering health care costs, and insurers conspire and violate the Sherman Act through the use of artificial intelligence and related tools to drive down the price of out-of-network medical care, two hospitals allege in a class action filed in Illinois federal court.
May 17, 2024
AI Company Makes Illegal Copies Of Voices For Narrations, Voice Actors Allege

NEW YORK — A company selling artificial intelligence-created voices for use in narrations represents legal rights to market those voices but actually stole them without compensating original actors or obtaining their permission, two voice-over actors allege in a May 16 class action filed in federal court in New York.
May 17, 2024
In Win For Invisalign Maker, ‘Showdown’ Remote Dentistry Patent Claims Held Ineligible

SAN FRANCISCO — When “stripped of excess verbiage and techno-jargon,” two “showdown” patent claims directed to a deep learning device for monitoring the progress and performance of an orthodontic aligner recite abstract ideas, and their introduction of “generic neural networks” to the field of remote dentistry, “without more,” is not enough to transform the ideas into patent eligible subject matter, a federal judge in California concluded May 16.
May 16, 2024
Judge Won’t Compel Authors Guild Evidence In Authors’ AI Copyright Suit

SAN FRANCISCO — While authors portray documents in a related case as clearly relevant to their artificial intelligence copyright claims against OpenAI Inc. and others, their failure to go beyond declaratory statements and explain the relevance of any evidence requires denying the request to compel production, a federal judge in California said.
May 16, 2024
Appellants Say Court’s OpenAI Secondary Meaning Ruling Was In Error

SAN FRANCISCO — A trial court erred in finding that the OpenAI mark acquired a secondary meaning with the release of its Dall-E website and before the release of the vastly more popular ChatGPT while ignoring analogous uses of the mark and that all the allegedly irreparable harm was speculative, a company tells the Ninth Circuit U.S. Court of Appeals.
May 15, 2024
Federal Judge Narrowly Vacates Securities Claims Dismissal After Reconsideration

PHOENIX — A federal judge in Arizona on May 14 vacated portions of a previous order dismissing a putative securities class complaint brought by retirement funds alleging that an online home-selling company made false statements about its artificial-intelligence-powered pricing algorithm, finding that the retirement funds adequately showed that an allegedly misleading statement about the algorithm relates to the funds’ alleged losses.
May 14, 2024
AI Investor Seeks To Enforce $25M Hong Kong Award In Shareholders’ Dispute

NEW YORK — A Cayman Islands investor in artificial intelligence (AI) companies filed a petition in New York federal court seeking to confirm a Hong Kong International Arbitration Centre (HKIAC) award against certain Chinese entities and citizens and one Cayman Islands entity worth $25 million, which the plaintiff says the defendants are required to pay after breaching a settlement.
May 14, 2024
AI Health Company Seeks Dismissal Of Counterclaims In Sci-Fi-Based Trademark Case

NEW YORK — An artificial intelligence health care company named in honor of a word created by science fiction author Robert A. Heinlein asked a federal judge in New York to dismiss counterclaims against it, saying courts lack jurisdiction over trademark applications and that the lone exception to the rule does not apply.
May 10, 2024
In Tentative Ruling, Judge Says Some AI Copyright Claims Likely Survive

SAN FRANCISCO — Artists’ copyright infringement claims appear to adequately allege that an artificial intelligence program stores copyrighted works and can be further tested at summary judgment, a federal judge in California said in a tentative ruling on motions to dismiss.
May 10, 2024
Magistrate Judge Rejects ‘Unreliable’ ChatGPT Responses In Fee Application Case

NEW YORK — A law firm already received a warning about using the “unreliable” ChatGPT in efforts to secure attorney fees in Individuals with Disabilities Education Act (IDEA) cases, a federal magistrate judge said while recommending that the requested awards be reduced.
May 10, 2024
Local, Regional News Outlets Sue Microsoft, OpenAI Over ChatGPT Training Data

NEW YORK — Eight regional and local news organizations filed a copyright lawsuit in a federal court in New York, adding to the growing list of entities suing Microsoft Corp. and OpenAI over the data they used to train their artificial intelligence products.
May 08, 2024
Voter Rights Plaintiffs Urge Injunction In Robo Biden AI Call Case

CONCORD, N.H. — The League of Women Voters of New Hampshire and others suing over robocalls using artificial intelligence-created deepfakes of President Joseph Biden’s voice told a federal judge in New Hampshire that they are likely to prevail on their federal and state claims governing political advertising and that enjoining unlawful conduct does no harm. But a phone company named as a defendant for allegedly transmitting the calls asked the court for dismissal, saying holding a carrier liable for the content of calls would be an extraordinary step.
May 08, 2024
Microsoft, OpenAI Shared Knowledge On CMI Removal, Media Outlet Says

NEW YORK — Microsoft Inc. and OpenAI’s close relationship necessitates that they shared material with improperly removed copyright management information (CMI) and knew that removing the material from training sets could result in ChatGPT plagiarizing the content, a media company tells a federal judge in New York in opposing dismissal of its suit.
May 07, 2024
In Win For AI Company, Panel Upholds Cancellation Of Patent Claims By Board

WASHINGTON, D.C. — Voice command technology allegedly infringed by an artificial intelligence (AI) company’s free and open-source software virtual assistant was confirmed unpatentable on May 6 by the Federal Circuit U.S. Court of Appeals.
May 02, 2024
OpenAI Faults Media’s ‘Generalized Allegations’ In ChatGPT Copyright Suit

NEW YORK — Journalism outlets’ allegation that ChatGPT-4 produces copyrighted material does not provide an injury on which they can proceed, and removal of copyright management information from internal datasets allegedly used to train the artificial intelligence cannot possibly meet the standard of the Digital Millennium Copyright Act (DMCA), OpenAI Inc. and related entities told a federal judge in New York in seeking dismissal.
May 02, 2024
EEOC Touts Insight As Amicus In AI Hiring Discrimination Case

SAN FRANCISCO — The Equal Employment Opportunity Commission touted its unique perspective on discrimination claims allegedly arising from the use of artificial intelligence hiring programs, saying in a reply brief filed in support of its status as amicus curiae in a federal court in California that the case may be the first to address such issues and could have far reaching ramifications.
May 01, 2024
PTO Grants Reexam Of 4th AI Patent; Delaware Infringement Case Stayed

ALEXANDRIA, Va. — In an office action, the U.S. Patent and Trademark Office (PTO) said it will reexamine a patent directed to a method of dental arch image analysis that relies on artificial intelligence on the heels of other reexaminations and an inter partes review (IPR) it has recently initiated of three patents from the same family, which led to a stay of related infringement litigation in Delaware federal court.
May 01, 2024
British Publication Financial Times Partners With OpenAI

LONDON — The Financial Times and OpenAI Inc. announced that they reached an agreement that will bring the news outlet’s attributed summaries, quotes and links to ChatGPT while helping enhance the usefulness of the artificial intelligence.
April 30, 2024
California UCL Claims At Core Of Briefing In ChatGPT AI Case

SAN FRANCISCO — Briefing recently wrapped in California federal court on a motion to dismiss claims in consolidated lawsuits in which authors allege that OpenAI Inc. and others violated the California unfair competition law (UCL) by training artificial intelligence on copyrighted material.
April 30, 2024
Former Governor Defends AI Copyright Suit From Vagueness, Fair Use Challenges

NEW YORK — Allegations of a news and finance organization’s illicit use of copyrighted material in the training of artificial intelligence suffice to survive a motion to dismiss, and the company’s conclusory statements about fair and intended uses could open “Pandora’s box,” former Arkansas Gov. Mike Huckabee and others argue in opposing a motion to dismiss filed in a federal court in New York. The defendants argue that general statements about training of AI and the lack of allegations of commercial usage of the product doom the complaint.
April 26, 2024
AI Hiring Company Sufficiently Targeted Illinois For Jurisdiction, Class Says

CHICAGO — The intentional contacts an artificial intelligence hiring platform company created with Illinois provide for jurisdiction, and the court should reject the company’s attempts to downplay the reality of those connections, class action plaintiffs say in an April 25 opposition. Previously, the company asked the court to reconsider its ruling finding jurisdiction in the state.
April 25, 2024
Workday Opposes EEOC Brief Saying AI’s Use Doesn’t Redefine Employment Agency

SAN FRANCISCO — Workday Inc. opposed the Equal Employment Opportunity Commission’s motion to participate in a discrimination case involving artificial intelligence employment software as amicus curiae, portraying the brief as an improper second opposition to a motion to dismiss. Earlier, the EEOC said the use of artificial intelligence and machine learning in screening and sorting job candidates offers a “more sophisticated means” of performing employment agency tasks but does not differentiate the company from traditional employment agencies.
April 23, 2024
Propriety Of $100 Stability AI Stock Sale At Issue In Delaware Briefing

WILMINGTON, Del. — A man who claims that he was duped into selling what are now millions of dollars’ worth of Stability AI Inc. shares for $100 tells a Delaware court that he reasonably relied on statements that the company was worthless. But the defendants say in their motion to dismiss that the man had his own reasons for selling the stock and that he hopes to receive a windfall based on a case of buyer’s remorse.