9th U.S. Circuit Court of Appeals,
Civil Rights,
Entertainment & Sports,
Intellectual Property
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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