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Law360: ‘Empire’ Copyright Suit Fizzles On Second Trip To 9th Circ.

August 21, 2020

O’Melveny successfully defended 20th Century Fox against a copyright suit in which Jon Astor-White accused the company of stealing “protectable similarities” from his production “King Solomon,” which never aired, for its television series “Empire,” this article reported.

Law360 noted this was the lawsuit’s second time before the Ninth Circuit, where a three-judge appeals panel has ruled that the lower court had been right to dismiss the case again. “The district court correctly concluded as part of the extrinsic test that the two works only share unprotectable ‘ideas and concepts, material in the public domain, and scènes à faire,’” the panel said.

The O’Melveny team that represented 20th Century Fox and “Empire” creator Lee Daniels included partners Daniel Petrocelli, Molly Lens, and Anton Metlitsky and counsel Patrick McNally.

Law360 subscribers can read the full article here.