NEW YORK ( CNN ) -- A federal judge on Thursday threw out an author 's claims that Jessica Seinfeld , the comedian 's wife , plagiarized from her cookbook , but the judge left open claims of defamation against Jerry Seinfeld himself . Jerry and Jessica Seinfeld attend an event in New York City in June . `` This is a complete victory for Jessica Seinfeld , '' said Orin Snyder , Seinfeld 's lawyer . Snyder said U.S. District Court Judge Laura Taylor Swain dismissed all claims brought against Jessica Seinfeld 's cookbook , `` Deceptively Delicious : Simple Secrets to Get Your Kids Eating Good Food . '' In the lawsuit , filed in 2007 , author Missy Chase Lapine accused Jessica Seinfeld of taking ideas from Lapine 's cookbook `` The Sneaky Chef : Simple Strategies for Hiding Healthy Foods in Kids ' Favorite Meals . '' Lapine 's cookbook was published in April 2007 , six months before Seinfeld 's book . `` The court categorically rejected the claim that 'Deceptively Delicious ' infringed the copyright and trademark of the plaintiff 's book , '' Snyder said . `` The federal judge ruled that 'no reasonable fact finder could conclude ' that copying occurred here given that the works are 'very different ' and that Jessica 's book 'has a completely different feel . ' `` But Lapine 's lawyer , Howard B. Miller , said his client may appeal the dismissal of her copyright and trademark claims , and will refile in state court claims against Jerry Seinfeld . Lapine 's defamation claims against the comedian refer to a comment he made on the `` Late Show with David Letterman '' in 2007 , when he compared the fact that Lapine uses three names to the fact that assassins sometimes use three names , as was the case with Lee Harvey Oswald . `` The claims against Jerry Seinfeld for defamation are still fully alive , '' Miller said . `` He just says he is joking ; we do n't think calling someone an assassin and a wacko is a joke . '' `` I 'm up against a very powerful opponent , '' Lapine said in a telephone interview from her home in Westchester County , New York . `` Justice is not always served . '' Lapine , a 45-year-old mother of two , said she has gone on to publish two other books , all in the `` Sneaky Chef '' series .
Cookbook author alleged that Jessica Seinfeld plagiarized . All charges against Jessica were dismissed by federal judge , author says . Author leaves open claims of defamation against Seinfeld 's husband , Jerry . Defamation claims relate to comments Jerry Seinfeld made about author .