Law 360 reported on partner Gail Migdal Title's oral argument to the US Court of Appeals for the Ninth Circuit in a copyright infringement suit against NBC Universal Inc. regarding the TV show Heroes. The US District Court for the Central District of California originally dismissed the complaint that Heroes copied the graphic novel “Carnival of Souls,” finding the two works were not substantially similar. The appeal claims, among other things, that the initial finding of a lack of substantial similarity was incorrect, and that the plaintiff's action should not have been terminated on a motion to dismiss; Ms. Title counters, “Random similarities cannot form the basis of copyright infringement. That’s simply not the law.” NBC Universal is represented by Katten attorneys Gail Migdal Title, Joel Weiner, Cory Baskin and Rebecca Ganz. (“Heroes IP Suit Against NBC Needs 2nd Shot, 9th Circ. Hears,” February 4, 2013)