9th Circ. Says 'The Unborn' Didn't Rip Off Screenplay

Law360, Los Angeles (November 13, 2013, 9:46 PM EST) -- The Ninth Circuit ruled Wednesday that Relativity Media LLC unit Rogue Pictures hadn't stolen the plot for the 2009 horror flick "The Unborn" from an unproduced screenplay, affirming a lower court's dismissal of the allegations.

In a brief ruling, the appeals court said plaintiff Daniel Segal's adaptation of his late wife's novel "Transfers" was "not substantially similar under any standard" to Rogue's movie, despite the fact that they both feature sets of twins and the idea of a haunting.

"Sharing a simple plot feature ... is insufficient to satisfy the extrinsic test for substantial similarity," the appeals court wrote. "Other than...

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