Legal Opinion
Peter F. Gaito Architecture, LLC v. Simone Development Corp.
Court of Appeals for the Second Circuit
Decided April 7, 2010No. Docket 09-2613-cvPublishedCited by 301 opinions
1Opinion of the Court
KATZMANN, Circuit Judge:
This case calls upon us in principal part to determine whether a district court may consider the question of non-infringement in a copyright action on a Rule 12(b)(6) motion to dismiss. We hold that, under the circumstances of this case, the district court properly determined non-infringement as a matter of law, and did not err in concluding that plaintiffs’ Amended Complaint — together with those documents incorporated therein — fails to adequately allege substantial similarity between defendants’ work and the protectible elements of plaintiffs’. We therefore affirm…
2Cases cited39 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Chambers v. Time Warner, Inc.Court of Appeals for the Second Circuit · 2002
- Feist Publications, Inc. v. Rural Telephone Service Co.Supreme Court of the United States · 1991
- Bruce C. Shrader v. Csx Transportation, Inc.Court of Appeals for the Second Circuit · 1995
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3Cited by301 opinions
- Petrella v. Metro-Goldwyn-Mayer, Inc.Supreme Court of the United States · 2014
- Walton v. Bayer CorporationCourt of Appeals for the Seventh Circuit · 2011
- Clayton Tanksley v. Lee DanielsCourt of Appeals for the Third Circuit · 2018
- Jacobus Rentmeester v. Nike, Inc.Court of Appeals for the Ninth Circuit · 2018
- Zalewski v. Cicero Builder Dev., Inc.Court of Appeals for the Second Circuit · 2014
296 more not listed; retrieve them via the Exa API.