January 30, 2013
Partner David E. Fink represented ABC in oral arguments on Tuesday, January 29th in California’s 2nd District Court of Appeal, as mentioned in an article entitled “Appeals Court May Toss "Lost" Idea Theft Claim” published in the Daily Journal on January 30, 2013. The article describes the case and the idea theft claims originally filed by the plaintiff in L.A. Superior Court against ABC. A Kelley Drye team represented ABC at the trial court level and obtained a dismissal when Judge Kevin C. Brazile granted their summary judgment motion. The plaintiff appealed. The plaintiff claims to have submitted a script for a television pilot to ABC in 1977 that was “substantially similar” to the television show “Lost” which appeared on ABC from 2004-2010. In a tentative ruling read prior to hearing oral arguments, the three-judge panel expressed doubt that the plaintiff Anthony Spinner could prove a case that “rests on conjecture.”
According to the article, Fink “told (the) judges that the two shows were created independently, because none of the producers or writers involved in the creation of "Lost" said they had heard of Spinner, and vice versa.”
The case is Spinner v. American Broadcasting Companies Inc., B239229 (Cal. App. 2nd Dist., filed Feb. 16, 2012). In addition to David Fink, the Kelley Drye team included partner Andrew M. White. A decision in the appeal is expected by May 2013.