Andrews Kurth Wins Summary Judgment in Landmark Architectural Copyright Case

(Houston, Texas)—Andrews Kurth is pleased to announce that the firm successfully represented Perry Homes, LLC in a landmark architectural copyright case filed by Lennar Homes of Texas Sales and Marketing, Ltd., one of the largest home builders in the country, in the United States District Court for the Southern District of Texas. 

Lennar claimed that Perry Homes infringed its architectural copyrights when Perry Homes built townhomes in The Woodlands that bore a superficial resemblance to townhomes that Lennar had previously built. Perry Homes argued that Lennar was not entitled to copyright protection on the designs because there are too few ways to build a townhome consistent with The Woodlands’ requirements and market demand.

In a 74-page opinion citing Perry Homes’ “exhaustive—and persuasive—analysis” of the architectural plans, Judge Sim Lake granted Perry Homes a full summary judgment, holding that Lennar’s designs were not protected (or protectable) by copyright. Lennar did not appeal the Final Judgment entered by the district court.

“We are pleased and honored to have successfully represented Perry Homes in this important matter," said Paul Mitchell, Partner at Andrews Kurth. "Judge Lake’s opinion was well-reasoned and thorough, and brings significant clarity to this complicated area of the law; we believe that his opinion will be seen as a landmark decision in this Circuit.”

Perry Homes was represented by Andrews Kurth attorneys Paul Mitchell, Katy Boatman, and Jeb Golinkin. 

The case is Lennar Homes of Texas Sales and Marketing Limited v. Perry Homes, LLC.

About the Litigation Group at Andrews Kurth

The litigation group at Andrews Kurth functions like a boutique, but one with the logistical support and the bench strength of a large firm. We are composed of 64 partners and 58 non-partners, who bring to each case the focus, imagination and efficiency born of having tried cases to conclusion. Unlike firms that have been reducing their capability to try lawsuits, Andrews Kurth has been actively growing and acquiring the talent necessary to take each case all the way to a verdict and to successfully represent our clients. Our partners have collectively tried over 850 cases to jury verdict or bench decision.

As released by the former Andrews Kurth Kenyon LLP