Ninth Circuit Affirms Shapiro Arato Bach Summary Judgment Victory In Copyright Dispute
On December 16, 2024, the Ninth Circuit swiftly affirmed all aspects of Shapiro Arato Bach’s summary judgment victory on behalf of Katori Hall, the creative powerhouse behind the widely acclaimed television show, P-Valley, in a copyright dispute.
In a unanimous summary order issued just days after oral argument, the Ninth Circuit held that “no reasonable jury could find substantial similarity of ideas and expression” between the plaintiff’s work and Ms. Hall’s show. The Court of Appeals adopted Shapiro Arato Bach’s argument that the alleged similarities were not protectible, and it agreed that “there are abundant dissimilarities in the respective works’ plots, themes, dialogue, moods, paces, characters, and settings.” The court further agreed with Shapiro Arato Bach that the plaintiff’s proffered comparisons “mischaracterize the works.”
The Ninth Circuit also affirmed the district court’s ruling granting Shapiro Arato Bach’s motion to strike the plaintiff’s expert report, declaration and testimony. The Court of Appeals adopted Shapiro Arato Bach’s argument that the report and declaration were little more than a lawyer’s argument, observing that they “merely restate many of the same generic similarities in expressive content” that the plaintiff herself presented in her own papers.
The Shapiro Arato Bach team representing Katori Hall included Cynthia S. Arato and Alice Buttrick. The court’s order can be found here.
Law 360’s coverage of the ruling can be found here.
Bloomberg Law’s coverage of the ruling can be found here.