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Two plaintiff groups filed (now-related) putative class action complaints against NVIDIA Corporation, alleging that NVIDIA infringed plaintiffs’ copyright by training their LLM, Nemo Megatron-GPT.

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What We’re Watching&nbsp;

NVIDIA filed answers to both Nazemian and Dubus complaints, and we await plaintiffs’ responses.

Case Background

Abdi Nazemian et al v. NVIDIA Corporation, No. 3:24-cv-01454&nbsp;&nbsp;&nbsp;

Dubus, et al. v. NVIDIA,&nbsp;Inc., No. 3:24-cv-02655-VC (N.D. Cal.)&nbsp;

Court: U.S. District Court for the Northern District of California&nbsp;

Judge: District Judge Jon S. Tigar&nbsp;

Nazemian plaintiffs – Abdi Nazemian, Brian Keene and Stewart O’Nan, on behalf of themselves and a putative class, represented by Joseph Saveri Law Firm, LLP and Matthew Butterick&nbsp;&nbsp;

Dubus plaintiffs – Andrew Dubus III &amp; Susan Orlean, on behalf of themselves and a putative class, represented by Cafferty Clobes Meriwether &amp; Sprengel LLP and DiCello Levitt LLP&nbsp;

Defendant – NVIDIA Corporation, represented by Hogan Lovells US LLP&nbsp;

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Status Updates

July 1, 2024 – Defendant answered Dubus complaint

NVIDIA filed its answer to Dubus plaintiffs’ complaint, denying that it has infringed the copyrighted work asserted in this action and all other allegations. NVIDIA assered eight affirmative defenses: (1) failure to state a claim; (2) noninfringement; (3) fair use; (4) lack of copyright protectability of plaintiffs’ works under the doctrines of scènes à faire, merger, or under 17 U.S.C. § 102(b), or such that the works are in the public domain, are facts, lack requisite originality, are unregistered, are works to which copyright protection has been abandoned, or are works to which Plaintiffs own no valid copyright; (5) de minimis copying; (6) laches, waiver, or estoppel; (7) statute of limitations; and (8) plaintiffs have an adequate remedy at law such that they are barred from injunctive relief.

May 29, 2024 – Nazemian and Dubus v. NVIDIA Corporation are related

The Court granted plaintiffs’ motion to relate.&nbsp;&nbsp;

May 23, 2024 – Defendant filed answer to Nazemian complaint

NVIDIA filed its answer to plaintiffs’ complaint, denying that it has infringed the copyrighted work asserted in this action and all other allegations. NVIDIA asserts eight affirmative defenses: (1) failure to state a claim upon which relief may be granted; (2) NVIDIA has not infringed plaintiffs’ alleged copyrighted works; (3) fair use; (4) lack of copyright protectability of plaintiffs’ works under the doctrines of scènes à faire, merger, or under 17 U.S.C. § 102(b), or such that the works are in the public domain, are facts, lack requisite originality, are unregistered, are works to which copyright protection has been abandoned, or are works to which Plaintiffs own no valid copyright; (5) the doctrine of de minimis copying; (6) the doctrines of laches, waiver, or estoppel; (7) statute of limitations; and (8) plaintiffs have an adequate remedy at law such that they are barred from injunctive relief.&nbsp;&nbsp;

May 23, 2024 – Plaintiffs filed motion to relate Nazemian case with Dubus v. NVIDIA Corporation

Nazemian plaintiffs filed an administrative motion to relate their case with Dubus v. NVIDIA, Inc., No. 3:24-cv-02655-VC (N.D. Cal.), as the Dubus action concerns substantially the same parties, transactions, and events as the current action. The Dubus plaintiffs and NVIDIA do not oppose this motion to relate.

May 2, 2024 – Dubus plaintiffs filed complaint against NVIDIA

Andre Dubus III and Susan Orlean filed a class-action complaint against NVIDIA Corporation. The complaint includes a single cause of action: direct copyright infringement, based only on NVIDIA’s LLM training.

March 8, 2024 – Nazemian Plaintiffs filed class action complaint 

Abdi Nazemian, Brian Keene, and Stewart O’Nan filed a class action complaint against NVIDIA Corporation. Plaintiffs and Class members are authors, and they own registered copyrights in certain books that were included in the training dataset that NVIDIA used to train its large language model, NeMo Megatron-GPT. NVIDIA has admitted to training its NeMo Megatron models on a copy of The Pile dataset, which includes Books3. Plaintiffs alleged that because of this admission, NVIDIA “necessarily trained its [large language] models on one or more copies of the Infringed Works, thereby directly infringing the copyrights of the Plaintiffs.”&nbsp;

The complaint includes a single cause of action: direct copyright infringement, based only on NVIDIA’s LLM training.&nbsp;

Select Court Documents

<a href="https://admin.bakerlaw.com/wp-content/uploads/2024/04/ECF-1-Complaint-NVIDIA.pdf" target="_blank" rel="noreferrer noopener">March 8, 2024 – ECF 1 Nazemian Complaint</a>

<a href="https://admin.bakerlaw.com/wp-content/uploads/2024/06/ECF-1-Complaint-Dubus.pdf" target="_blank" rel="noreferrer noopener">May 2, 2024 – ECF 1 Dubus Complaint </a>

<a href="https://admin.bakerlaw.com/wp-content/uploads/2024/06/ECF-37-Motion-to-Relate.pdf" target="_blank" rel="noreferrer noopener">May 23, 2024 – ECF 37 Motion to Relate&nbsp;</a>

<a href="https://admin.bakerlaw.com/wp-content/uploads/2024/06/ECF-38-Answer.pdf" target="_blank" rel="noreferrer noopener">May 23, 2024 – ECF 38 Answer to Nazemian Complaint</a>

<a href="https://admin.bakerlaw.com/wp-content/uploads/2024/06/ECF-47-Order-to-Relate.pdf" target="_blank" rel="noreferrer noopener">May 29, 2024 – ECF 47 Order to Relate</a>

<a href="https://admin.bakerlaw.com/wp-content/uploads/2024/07/ECF-49-Answer-to-Dubus-Complaint.pdf" target="_blank" rel="noreferrer noopener">July 1, 2024 – ECF 49 Answer to Dubus Complaint </a>