copyright infringement lawsuit centered on ‘Shake It Off’ to be dismissed is denied, and that the trial will go ahead.US District Judge Michael W. Fitzgerald issued his decision nearly nine months after Swift’s motion to have the case dropped was put forward.In last December’s defence motion, Swift’s lawyers argued that Fitzgerald had failed to consider the “extrinsic test” – the standard whereby it’s determined if copyright is breached when two works of similar nature are presented – within songwriters Sean Hall and Nathan Butler’s claim that Swift copied lines from the pair’s 2001 song ‘Playas Gon’ Play’.Swift’s legal team believes that such a consideration would make it clear that Swift’s lyrics are based on phrases in the public domain and not, in fact, copied from Hall and Butler.“There’s a genuine issue of material fact,” Fitzgerald said upon issuing the ruling yesterday (September 12) in a hearing at a Los Angeles court [via Rolling Stone].“The motion for reconsideration is denied,” he continued.