As I wrote right here earlier this month, tomorrow was the scheduled begin date for the trial in Thomson Reuters v. ROSS Intelligence, during which TR is alleging that the now-shuttered authorized analysis startup ROSS violated its copyrights by stealing content material from Westlaw to construct its personal product.
However at this time the choose overseeing the trial, third U.S. Circuit Court docket of Appeals Choose Stephanos Bibas, sitting by designation within the U.S. District Court docket in Delaware, issued an oral order persevering with the trial:Â
Primarily based on this morning’s dialogue with the events, I CONTINUE this trial with out setting a future date. I rescind all rulings made orally to the events on the Zoom teleconference on Tuesday, August 20, 2024. As an alternative, I invite Thomson Reuters to resume its motions for abstract judgment on these points and Ross to resume its cross-motion for abstract judgment on truthful use. Thus, the events could submit two units of extra briefing on (1) copyrightability, validity, and infringement, and (2) the protection of truthful use. Within the briefing, the events may select to deal with merger, scenes a faire, copyright misuse, and harmless infringement, as I instructed this morning. The events shall meet and confer on a brand new briefing schedule, web page limits, and dates for a two-day abstract judgment listening to. The events shall suggest a joint scheduling order to the Court docket by 5 p.m. EDT on Wednesday, August 28.Â
The order adopted a request for a continuance filed by ROSS earlier this week. That request was filed below seal so I’m not in a position to say the idea.
