765 F.Supp.3d 382
D. Del.2025Background
- Thomson Reuters, owner of Westlaw (a legal research platform), alleges copyright infringement against Ross Intelligence, a developer of an AI-powered legal search engine.
- Ross attempted to license Westlaw content but was denied due to competitive concerns.
- Ross then contracted LegalEase to create "Bulk Memos" (legal Q&As) based in part on Westlaw headnotes, which were used to train Ross’s AI.
- Thomson Reuters sued Ross for direct copyright infringement, among other claims, focusing on the use of Westlaw headnotes and the proprietary Key Number System.
- Summary judgment motions on infringement and fair use were initially denied, but the court reconsidered and invited renewed briefing before the August 2024 trial; this opinion revises the court’s previous conclusions based on a closer review of the factual record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Copyright originality | Headnotes and Key Number System are original | Headnotes are not original, largely mirror opinions | Headnotes/Key Number System are original (Plaintiff wins) |
| Actual copying and similarity | Ross’s Bulk Memos copied headnotes, not opinions | Bulk Memos were based on non-copyrightable opinions | 2,243 headnotes were actually copied and similar |
| Affirmative defenses | Defenses (innocent infringement, misuse, merger, scenes à faire) do not apply | Defenses defeat or limit infringement | All Ross defenses rejected |
| Fair use | Ross’s use is commercial, non-transformative | Use is intermediate, transformative, and limited in output | Not fair use; factors favor Plaintiff on most significant points |
Key Cases Cited
- Feist Publications, Inc. v. Rural Tel. Serv. Co., 499 U.S. 340 (minimum originality requirement for copyright)
- Banks v. Manchester, 128 U.S. 244 (judicial opinions are not copyrightable)
- Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (framework for fair use analysis)
- Harper & Row, Publishers, Inc. v. Nation Enters., 471 U.S. 539 (fair use market effect is paramount)
- Dam Things from Den. v. Russ Berrie & Co., 290 F.3d 548 (standards for actual copying and substantial similarity)