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Bit Parts

By Stan Soocher
September 28, 2006

Copyright Infringement/Expert Witnesses

The U.S. Court of Appeals for the Ninth Circuit affirmed a jury verdict that the TV show 'City of Angels' didn't infringe on the plaintiffs' three unpublished screenplays. Metcalf v. Bochco, 04-56097. Local Rule 16 of the Central District of California mandates that parties give the district court their witness lists 21 days before the final pretrial conference. The plaintiffs in this case had asked the court during that conference to allow them to designate an expert witness. In its unpublished opinion, the appeals court noted in part that the plaintiffs 'did not provide a good reason for why they could not have designated their expert earlier since they knew from the start of the case that substantial similarity, which they now assert the expert would have testified to, would be at issue.'


Copyright Infringement/Substantial Similarity

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