Twentieth Century Fox Film Corp. v. Warner Bros. Entm't, Inc.

ORDER RE: CROSS-MOTIONS FOR SUMMARY JUDGMENT

A. Introduction

Plaintiff Twentieth Century Fox Film Corp. (“Fox”) has sued defendants Warner Brothers Entertainment, Inc., WB Studio Enterprises, Inc., and Warner Brothers Pictures (collectively, “Warner Brothers”) for copyright infringement, interference with contract, and breach of contract. Fox seeks to enjoin the scheduled March 6, 2009 release of Warner Brothers’ big-budget comic-book feature, “Watchmen,” and also seeks an accounting of profits, declaratory relief, actual or statutory damages, and punitive damages. Presently before the Court are the parties’ cross-motions for summary judgment and summary adjudication. Fox moves for summary judgment on its copyright infringement claim and seeks partial summary judgment on the issues of willful infringement and Warner Brothers’ implied waiver defense. Warner Brothers likewise moves for summary judgment on Fox’s copyright infringement claim, and seeks also to summarily adjudicate the issue of a contractual cap on the amount of compensatory damages to which Fox is entitled.

At the hearing on these motions, the Court advised the parties that it had tentatively concluded that…