Brief of Intellectual Property Scholars in xAI v. Bonta

xAI mischaracterizes Ruckelshaus v. Monsanto by treating it as establishing a per se taking whenever a government requires disclosure of trade secret information, as California’s AI training data transparency law does, when in fact Monsanto requires a governmental promise of secrecy, absent from the state’s law, for any such takings claim to succeed. The amici warn that accepting xAI’s broad interpretation would let companies challenge transparency mandates as unconstitutional takings across other domains, chilling state regulation of AI as well as disclosure requirements covering drug prices, hazardous chemical spills, and cosmetics ingredients.