Intellectual Property Law

New Matter 2017, Volume 42, Number 3

Case Comments

Lowell Anderson

Stetina Brunda Garred & Brucker


A breach of implied contract claim was based on defendants’ failure to pay for the use of an idea for a screen play, not the creation, production, distribution or content of films based on the play. The failure to pay was not an act in furtherance of free speech so the anti-SLAPP act did not apply. The denial of a motion to strike the claim was affirmed. In footnote 4, the court noted that anti-SLAPP motions may strike distinct claims within a cause of action even if the entire cause of action is not subject to anti-SLAPP and that may affect the award of attorney fees in the anti-SLAPP motion. Jordan-Benel v. Univ. City Studios, Inc., 123 U.S.P.Q.2d 1031 (9th Cir. 2017).

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