Intellectual Property
Jun. 2, 2011
You Stole My Idea — Contract Claim or Just Copyright?
The 9th Circuit clarifies its position on copyright pre-emption of idea-theft claims. By Jens B. Koepke of Morris Polich & Purdy LLP
Does the claim that defendants stole the idea or concept you pitched only sound in copyright law or can you also proceed on an implied contract claim? In a very recent en banc decision, the 9th U.S. Circuit Court of Appeals resoundingly held that you can pursue both avenues. The opinion reversed a 2010 panel decision that has created some circuit conflict, and clears up any confusion about where the 9th Circuit stands on copyright preempt...
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