Intellectual Property,
Entertainment & Sports,
Civil Rights,
9th U.S. Circuit Court of Appeals
Dec. 10, 2019
Is discovery needed to decide substantial similarity?
On Monday, the 9th Circuit heard oral arguments on the issue.
Kenneth M. Trujillo-Jamison
Partner
Willenken LLP
Email: Kenneth.trujillo-jamison@mto.com
Kenneth focuses his practice on complex civil litigation. He has experience in securities litigation, white collar criminal defense, internal investigations, and general commercial disputes.
On Monday, a panel of the 9th U.S. Circuit Court of Appeals heard argument in Zindel v. Fox Searchlight Pictures, 18-56087. This case presents a recurring issue in copyright infringement litigation: Can a district court properly decide at the pleading stage -- before discovery -- whether two literary works are substantially similar as a matter of law?
The answer to this question should be "Yes." All court...
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