Nicole Gilbert-Daniels v. Lions Gate Entertainment, Inc., et al.
1. Substantial Similarity and Summary
Judgment: Does the Ninth Circuit's application of the
extrinsic test and its requirement of striking similarity
conflict with other circuits or Supreme Court
precedent, and did the lower courts err in granting
summary judgment by finding no substantial
similarity as a matter of law.
2. Expert Evidence' in Copyright
Infringement: Whether the Ninth Circuit erred in
affirming the exclusion of Petitioner's expert report
and declaration offered to highlight substantial
similarities between the works at issue, thus depriving
Petitioner of critical specialized analysis and raising
due process concerns in the adjudication of complex
copyright claims.
Whether the Ninth Circuit's application of the extrinsic test in copyright infringement conflicts with Supreme Court precedent and improperly granted summary judgment