A Blog About Intellectual Property Litigation and the District of Delaware


Entries for tag: Voluntary Dismissal

Getty Images Voluntarily Dismisses AI Action to Re-File in N.D. Cal.

Andrew E. Russell, Aug. 15, 2025
Voluntary Dismissal AI

You may remember this guy from our original post.
You may remember this guy from our original post. AI-Generated

In February 2023, we wrote about a case by Getty Images against Stability AI involving copyright claims on AI-generated content. That case was filed near the start of the current AI mania, and it looked to potentially be significant.

Since then, the case has suffered from some party-driven delays. The parties agreed to extend the answer deadline, and then Getty Images filed an amended complaint. D.I. 12, 13. This was followed by another stipulated extension, and a motion to dismiss or transfer. D.I. 15, 16.

The Court then granted a motion for jurisdictional discovery, D.I. 30, and that process seems to have gone on for about a year, until Getty …

View

Court Dismisses All Claims with Prejudice After IPR—Even Though Some Were Not Invalidated

Andrew E. Russell, Oct. 23, 2023
Voluntary Dismissal MTD

Dart in Target
Silvan Arnet, Unsplash

Both parties in Wrinkl, Inc. v. Meta Platforms Inc., C.A. No. 20-1345-RGA (D. Del.) agreed that the case should be dismissed after the PTAB invalidated 50 of the 54 asserted claims, but disagreed about whether the remaining 4 claims should be dismissed with prejudice.

The plaintiff claimed that it did not intend to assert the remaining claims, but that it should retain the right to, and that it is unaware of caselaw holding that the Court cannot dismiss some claims with prejudice and some without.

The defendant argued that the Court cannot split up the claims, and must dismiss all or nothing with prejudice:

Defendants contend there is no legal support or precedent …
View

Archive