Mealey's Artificial Intelligence
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June 11, 2024
Battling Class, Humana Says Medicare Plaintiffs Lack Jurisdiction In AI Suit
LOUISVILLE, Ky. — A class action claiming that health insurer Humana Inc. improperly denies Medicare claims through the use of artificial intelligence improperly stitches together state law claims while ignoring administrative exhaustion and federal rules, the company tells a federal judge in Kentucky in a motion to dismiss.
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June 11, 2024
Amended Complaint Moots Motion To Dismiss In AI Robocall Case, Judge Says
CONCORD, N.H. — The filing of an amended complaint by the League of Women Voters of New Hampshire and others accusing various entities of illegally using artificial intelligence-created deepfakes of President Joseph Biden’s voice in calls to voters moots a telecommunications company’s motion to dismiss, a federal judge in New Hampshire said in an endorsed docket entry in which he denied the company’s motion without prejudice.
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June 10, 2024
Delaware Vice Chancellor: Shareholder Does Not Show Presuit Demand Was Futile
WILMINGTON, Del. — A vice chancellor in the Delaware Court of Chancery held that a shareholder’s derivative complaint alleging that a telecommunications company failed to prevent its parent company’s alleged scheme to centralize customer data to train artificial intelligence must be dismissed, finding that the shareholder failed to show that making a demand on the board would have been futile.
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June 07, 2024
‘Town Hall’ Ruling Fuels Judge’s Dismissal Of AI Copyright Case
SAN FRANCISCO — A federal judge in California on June 6 granted a motion to dismiss copyright claims stemming from the training of artificial intelligence, citing a second judge’s concerns that a similar case involved claims more appropriate in a town hall than a courthouse.
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June 04, 2024
COMMENTARY: Interview: Dykema’s Michael J. Word Provides Clarity On Intellectual Property, AI Voices
Copyright © 2024, LexisNexis. All rights reserved.
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May 30, 2024
COMMENTARY: Generative AI, Cybersecurity And Cybercrime For Lawyers: Myths, Risks And Benefits
By Dr. Ilia Kolochenko and Michael P. Heiskell
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May 15, 2024
COMMENTARY: Use Of Artificial Intelligence In E-Discovery
By Phil Beckett
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June 03, 2024
New York Times, OpenAI Dispute Scope Of Discovery In AI Training Fight
NEW YORK — The New York Times Co. (NYT) told a federal judge in New York that it investigated whether ChatGPT would output protected material from the newspaper only because OpenAI Inc. and related entities are so secretive about what was used to train the artificial intelligence and that given the defendants’ admission that it tracks users, it doesn’t need any additional discovery.
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May 30, 2024
11th Circuit Affirms No CGL Coverage Owed For Negligence Suit Against Landscaper
ATLANTA — The 11th Circuit U.S. Court of Appeals affirmed a lower court’s summary judgment ruling in favor of a commercial general liability insurer in a landscaper insured’s breach of contract and bad faith lawsuit seeking coverage for an underlying negligence action, finding that the insurance application expressly disclaims the work the insured did and the bad faith claim fails because the insurer had a lawful basis to deny the claim.
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May 29, 2024
FTC Proposes $6M Fine for AI-Generated Biden Robocalls
WASHINGTON, D.C. — The Federal Trade Commission has proposed a $6 million fine for a man’s use of an artificial intelligence-mimicry of the voice of President Joseph Biden used in illegal robocalls to New Hampshire residents.
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May 28, 2024
Judge Faults Lengthy ChatGPT Complaint As Akin To Town Hall Fodder
SAN FRANCISCO — Plaintiffs’ lengthy complaint against Microsoft Corp. and various OpenAI entities over the training of artificial intelligence raises policy concerns more appropriate in a town hall than a courtroom, a federal judge in California said May 24 in granting motions to dismiss a class complaint that includes allegations under the California unfair competition law (UCL) and other state laws.
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May 24, 2024
Media Companies Seek Opportunity To Respond To OpenAI’s New Standing Challenge
NEW YORK — After briefing wrapped on artificial intelligence companies’ motion to dismiss two media companies’ Digital Millennium Copyright Act (DMCA) case for lack of standing, the media companies accused OpenAI Inc. and the other defendants of changing their argument mid-briefing and on May 23 asked a New York federal court for leave to file a surreply so they could respond.
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May 23, 2024
Man Created Thousands Of AI Child-Porn Images, Government Alleges
MADISON, Wis. — A Wisconsin man used Stability AI’s Stable Diffusion generative artificial intelligence to create potentially thousands of images of child pornography and abuse and then bragged about his collection, posted the images online and invited others to view them, the United States alleges in a recently unsealed indictment and brief in support of detention.
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May 22, 2024
Student: Emory University Heralded AI Program, Then Suspended Him For It
ATLANTA — Emory University supported and touted two students’ artificial intelligence program, awarding its creators $10,000 at an event for entrepreneurs, but eventually concluded that the program could be used to cheat, despite no allegations or evidence of such conduct, and suspended them, an anonymous plaintiff alleges in a complaint filed in Georgia federal court.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.