November 16, 2006

On Monday, the U.S. Supreme Court denied author Lewis Perdue's Petition for a Writ of Certiorari for further review of his claims against Dan Brown, the author of "The Da Vinci Code." In his original countersuit, Perdue claims that Brown infringed his copyright, alleging that his earlier work "Daughter of God" was substantially similar to Brown's work, of which over 60 million copies have been printed worldwide. According to the Albuquerque Tribune News Article (link below), "Perdue had alleged that Brown copied the basic premise of "Daughter of God," including notions that history is controlled by victors, not losers, and the importance of the Roman Emperor Constantine in requiring a transition from a female to a male-dominated religion." This lawsuit began when Brown and Random House sought a declaratory judgment in the U.S. District Court for the Southern District of New York in Manhattan that Brown's work did not infringe Perdue's work, and Perdue filed a countersuit alleging infringement and requesting $150 million in damages. In August, 2005, the District Court held that there was no copyright infringement, and in April 2006, the U.S. Court of Appeals for the Second Circuit agreed.

The Albuquerque Tribune News Article: LINK
November 13, 2006 Supreme Court Order List (Denial - p. 11): LINK

1 comments:

Lewis Perdue said...

The Supreme Court didn't address the substance of my case at all -- it's just that they didn't want to deal with a messy inconsistency concerning federal adjudication of copyright infringement.

Thanks to that, justice in this sort of issue still depends on shopping for the right Federal Court to hear the case.

Furthermore, the Supreme Court makes mistakes all the time. Hell, it took them over half a century to correct Plessey v. Ferguson.

One part of me is a little disappointed, but overall I am relieved to have this part of things over.

Not having to pay Random House's $300,000+ legal fee demand was the most important issue and having Seth Mnookin and his Vanity Fair article set straight the Random House spin machine pretty well established the point I had tried to make before RH sued me.

As my appellate attorney Luther Munford just said to me in an email, "I believe the petition makes it clear to anyone who cares about such things that Dan Brown and his wife certainly did copy Daughter of God in a substantial way."

Post a Comment

WIPO Press Releases

WIPO General News

Patent References

Click HERE to search issued U.S. Patents

Click HERE to search published U.S. Patent Applications

Click HERE to browse the MPEP (E8r6 in HTML and PDF, and E8r7 in PDF)

Click HERE to search patent assignments recorded with the USPTO

Click HERE to search Title 37 of the Code of Federal Regulations (rev. 7/1/08)

Click HERE to browse Title 35 of the U.S. Code

Click HERE to view current USPTO fees

Disclaimer

Copyright 2006-2010, Mark Reichel. The Daily Dose of IP is my personal website, and I am not providing any legal advice or financial analysis. Any views expressed herein should not be viewed as being the views of my employer, Ice Miller LLP. Any comments submitted to this blog will not be held in confidence and will not be considered as establishing an attorney-client relationship. Information submitted to this blog should be considered as being public information, and the submitter takes full responsibility for any consequences of any information submitted. No claims, promises, or guarantees are made or available regarding the completeness or accuracy of the information contained in this blog or otherwise available by searching from or linking away from this blog.

EPO Updates

Trademark References

Click HERE to search issued and pending U.S. Trademarks

Click HERE to search TTAB proceedings (via TTABVUE)

Click HERE to search trademark assignments recorded with the USPTO

The DDIP Author





Mark Reichel
Reichel IP LLC

I am a patent attorney with Reichel IP LLC, where I concentrate my practice on patent drafting and prosecution, trademarks, and general intellectual property matters. I currently focus on the preparation and prosecution of medical device and other life sciences patent applications, and being actively involved in a number of local not-for-profit organizations.

Click HERE to view my full professional bio at Reichel IP LLC.


Subscribe/Feedback

Click HERE to join the e-mail list for my blog

Click HERE to provide feedback on the DDIP blog

Fellow Blogs/Bloggers

AwakenIP (Kuester)
Counterfeit Chic (Scafidi)
I/P Updates (Heinze)
Internet Cases (Brown)
Likelihood of Confusion (Coleman)
Patent Baristas (Albainy-Jenei)
Patent Docs (Zuhn et al.)
Patently-O (Crouch)
The 271 Patent Blog (Zura)
The Ice Loop (Ice Miller LLP)
The Indiana Law Blog (Oddi)
The Invent Blog (Nipper)
The Patent Prospector (Odom)
The TTABlog (Welch)