Summary Judgment for Defendants in Copyright Infringement Lawsuit re Motion Picture "Alien vs. Predator" (2011)

March 30, 2011

In Muller v. Twentieth Century Fox Film Corp., 794 F.Supp.2d 429 (S.D.N.Y. 2011)), aff'd 501 Fed.Appx. 81 (2nd Cir. 2012), LP&S obtained a summary judgment against claims for copyright infringement and breach of an implied in fact contract regarding defendant Twentieth Century Fox Film Corporation's 2004 motion picture "Alien v. Predator," based on findings that defendants' creators had no access to plaintiff's script, and that the defendants' movie was neither probatively nor substantially similar to plaintiff's script.  The Court later granted defendants' motion for an award of attorneys' fees against plaintiff in spite of plaintiff's claim of financial hardship.  The judgment was affirmed by the Second Circuit Court of Appeals on November 8, 2012.