IP: Just, speedy and inexpensive determination of a copyright case

A recent 2nd Circuit case may help companies achieve dismissal without discovery.

How many times has your company been accused of copyright infringement and you just did not think that the two works were that close? If it happens again, litigation in the 2nd Circuit may be an attractive option.

Following Peter F. Gaito Architecture, LLC v. Simone Dev. Corp., 602 F.3d 57 (2d Cir. 2010), district court judges are willing to dismiss copyright cases based on a lack of substantial similarity, even before there has been any discovery.     

Judge Stein granted the defendants’ motion to dismiss, finding that the works were not substantially similar as a matter of law. The court refused to consider “expert” declarations submitted on behalf of the plaintiffs and, instead, made its own comparison of the works.


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Eric Lobenfeld

Eric Lobenfeld is the co-head of the U.S. Intellectual Property Practice of Hogan Lovells. He has more than 35 years of experience litigating cases involving...

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