Jenner & Block

“Misuse of Inverse Ratio Copyright Rule Continues in 9th Circ.,” Law360

In their article, Partner Andrew J. Thomas and Associate Ethan C. Wong explain that the inverse ratio copyright rule “eases a plaintiff’s burden in copyright infringement suits” because it requires “a lower standard of proof of substantial similarity when a high degree of access is shown.”  The authors illustrate how litigants and courts have misinterpreted the rule, despite recent efforts by the Ninth Circuit to limit its application.  Highlighting the Ninth Circuit case of Skidmore v. Led Zeppelin, they then argue that “the inconsistent and misleading application of the rule ... provides further confirmation that, on its merits, the inverse ratio rule is not a useful tool and should therefore be retired from service by the en banc Ninth Circuit in Skidmore.”