Showtime Networks Inc. convinced the Second Circuit not to revive a copyright lawsuit brought by a Wall Street performance coach and author who alleged a character in the hit series “Billions” was a ripoff from her book.

The U.S. Court of Appeals for the Second Circuit affirmed a lower court’s decision to dismiss the suit, which alleged “Billions” character Dr. Wendy Rhoades was based on a fictionalized version of Denise Shull in the book “Market Mind Games.”

The court said in an order Monday said that Shull’s book and the show aren’t substantially similar. It said the “concept and feel” of “Market Mind Games,” an academic book, was quite different from “Billions.”

“The plot of Market Mind Games, to the extent there is one, is wholly dissimilar from that of Billions,” the court wrote.

“Likewise,” the court continued, “the similarities that exist between Dr. Rhoades in Billions and the fictional version of Shull in Market Mind Games—namely their gender and occupation—are generalized and non-protectible.”

Shull’s suit claimed she met with the show’s creative team to discuss her book before the show was created. Judge George Daniels in the U.S. District Court for the Southern District of New York dismissed the case in October 2019.

During arguments earlier this year, the Second Circuit panel signaled Shull faced an uphill battle.

Ruling Monday, the court said that supposed similarities between the psychological advice that Rhoades and Shull offer also couldn’t support a copyright claim.

“Plaintiffs, among other things, cannot copyright the idea that one should eat, sleep, and exercise to perform well,” the court wrote.

The case is Shull v. Sorkin, 2d Cir., No. 20-3529, 7/19/21.