Whether the Ninth Circuit's application of the extrinsic test in copyright infringement conflicts with Supreme Court precedent and improperly granted summary judgment

1. Substantial Similarity and Summary Judgment: Does the Ninth Circuit’s application of the extrinsic test and its requirement of striking similarity conflict with other circuits or Supreme Court precedent, and did the lower courts err in granting summary judgment by finding no substantial similarity as a matter of law. 2. Expert Evidence’ in Copyright Infringement: Whether the Ninth Circuit erred in affirming the exclusion of Petitioner’s expert report and declaration offered to highlight substantial similarities between the works at issue, thus depriving Petitioner of critical specialized analysis and raising due process concerns in the adjudication of complex copyright claims. i