Cathy Copy, author of a book called Carry Motter and the Apprentice’s Gem, is sued in Federal District Court by HP publishers for copyright infringement and breach of contract for copying the works of another author. The Court dismisses the copyright infringement claim under Fed. R. Civ. P. 12(b)(6) but allows the breach of contract claim to proceed to trial. The jury finds for the defendant and the court enters judgment. HP publishers files suit against Cathy Copy in a different federal jurisdiction raising the copyright infringement claim again. What are the implications of a second law suit for the copyright infringement claim from a res judicata perspective? Does it matter that the Court in the first suit has entered a final judgment?
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