Milano

MEMORANDUM AND ORDER RE: MOTION FOR SUMMARY JUDGMENT

I.

INTRODUCTION

In 2003 and early 2004, Plaintiff Livia Milano, while working for Twentieth Television, Inc., developed a treatment for “From Fat to Phat,” which described a concept for a reality television series involving contestants who try to lose weight. Milano disclosed her idea to a number of people with whom she worked, and ultimately pitched her idea to Twentieth, which declined to pursue the project. Shortly thereafter, Defendant NBC Universal, a competitor of Twentieth’s, announced that its fall lineup included a reality television show, “The Biggest Loser,” in which contestants try to lose weight with the winner being the biggest loser. This case centers on Milano’s claim that the show, which aired and became a success, was based on her “From Fat to Phat” treatment.

In 2006, Milano filed this lawsuit naming Twentieth, NBC Universal, and several individuals and their companies who are alleged to have infringed on her copyrighted treatments for the television show and to have misappropriated her ideas giving rise to tort claims under state law. Two groups of Defendants have now moved for summary judgment.…