The Third Circuit affirms the ROSS headnote ruling

The appeals court affirmed partial summary judgment on copyrightability and fair use of 2,243 Westlaw headnotes used for a competing non-generative legal search tool. The interlocutory ruling distinguishes that product from generative AI.

More from this month: September 2026 AI product and model launches

A limited appellate ruling

The Third Circuit affirmed the relevant partial summary judgment in the case brought by Thomson Reuters Enterprise Centre and West Publishing against ROSS Intelligence. The appeal addressed copyrightability and fair use of 2,243 Westlaw headnotes used in developing a competing search product. It was an interlocutory appeal, rather than a final resolution of every claim and remedy. [1]

The opinion describes ROSS’s tool as non-generative: it retrieved existing judicial opinions rather than creating new expression. Its treatment of those headnotes and that competing use should not be generalized into a ruling on all generative-AI training. [1]

The cover says Filed September 29, 2026. Reuters reported the affirmance that day while the reasoning remained sealed. A September 30 recent-opinion index listing is a separate publication marker; it does not change the filed date or establish an exact unsealing time. [1][2][3]

Sources

  1. Thomson Reuters Enterprise Centre GmbH et al. v. ROSS Intelligence Inc., Opinion of the Court

    U.S. Court of Appeals for the Third Circuit · Sep 29, 2026

  2. US appeals court upholds Thomson Reuters’ landmark win in AI training lawsuit

    Reuters, published by MarketScreener · Sep 29, 2026

  3. Recent Precedential Opinions (Last 30 Days)

    U.S. Court of Appeals for the Third Circuit · retrieved Oct 24, 2026