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Civil Litigation,
Intellectual Property,
Entertainment & Sports

Apr. 25, 2013

'Lost' idea-theft claim goes down the hatch

The recent California appellate court decision illustrates how hard it actually is to maintain and win an idea-theft claim.

Jens B. Koepke

Counsel, Complex Appellate Litigation Group LLP

appellate law (specialist), intellectual property, entertainment

Phone: (424) 738-5563

Email: jens.koepke@calg.com

UCLA Law School

Jens is a certified appellate specialist, and the incoming chair for the Appellate Courts Section of the Los Angeles County Bar Association.

Much has been written about the rising tide of idea-theft claims in Hollywood. These tsunami warnings became more shrill after the 9th U.S. Circuit Court of Appeals ruled en banc (in Montz v. Pilgrim Films & Television Inc., 649 F.3d 975, 976 (9th Cir. 2011)) that idea theft claims are not necessarily preempted by federal copyright law.

However, a recent California appellate court decision illustrates how hard it actually is to maintain and win an idea-theft claim. Whether ...

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