Mars, notably, is not a party to the lawsuit.

The Mars song at issue was co-written by Mars, Philip Lawrence, Ari Levine, and Andrew Wyatt.

The plaintiff in the case is Tempo Music Investments, which purchased Lawrences share.

LOS ANGELES, CALIFORNIA - FEBRUARY 04: Miley Cyrus attends the 66th GRAMMY Awards at Crypto.com Arena on February 04, 2024 in Los Angeles, California. (Photo by Kevin Mazur/Getty Images for The Recording Academy)

Miley Cyrus attends the 66th GRAMMY Awards at Crypto.com Arena on February 04, 2024 in Los Angeles, California.Kevin Mazur/Getty Images

That is a fatal and incurable defect in plaintiffs claim, the new filing argues.

The motion asks for a dismissal without any chance to amend.

Were an owner, lawyer Alex Weingarten tellsRolling Stone.

Its an intellectually dishonest motion and an obvious dilatory tactic.

They say nothing about the substance of the case because this is blatant copyright infringement.

A hearing on the new dismissal motion was not immediately set.