Dixon v. Sony Corp. of America, No. 12-60160-CIV, 2012 WL 1886550 (S.D. Fla. May 23, 2012)

Plaintiff sued Defendant, alleging that Defendant’s work, “Using Biometrics to Gain Personalized Access to Television Products,” violated Plaintiff’s copyright in the Plaintiff’s work, “Computer Program for Biometric Access Television.” Defendant moved to dismiss, contending that Plaintiff’s claims were barred by the relevant statute of limitations and, further, that the complaint contained no allegations of copying or substantial similarity. The court held that Plaintiff properly alleged a continuing violation of the Copyright Act, rejecting Defendant’s statute of limitations argument. However, the court agreed that the complaint contained no allegations of copying and failed to allege a single, specific example of similarity between Plaintiff and Defendant’s works. Accordingly, the court dismissed the complaint, determining that Plaintiff appeared to seek protection of his ideas, not any original expression. However, the court gave Plaintiff, who was acting pro se, the opportunity to replead his complaint.