Craig Nadel (plaintiff) came up with an idea for a standing, tabletop monkey toy that made sounds and spun around with the help of a motor. Nadel presented his idea to Play-By-Play Toys & Novelties, Inc. (Play-By-Play) (defendant). A few months later, Play-By-Play introduced “Tornado Taz,” a Tasmanian Devil toy that had “the same general characteristics” as Nadel’s monkey. Play-By-Play did not compensate Nadel. Nadel brought suit for breach of contract and misappropriation of his idea. At trial, Play-By-Play claimed that it developed Tornado Taz independent of Nadel’s idea. The district court granted Play-By-Play summary judgment because it found that Nadel’s idea was not novel, generally. Nadel appealed.