The actress and the company that made the film were sued by Croatian author James Braddock, who said that it was partly based on his book The Soul Shattering.
However, Us District Judge Dolly Gee said that although both are centred on war romances, the plots, characters and themes in the two works were not "substantially" similar.
Braddock has now been ordered to tell the court why his complaint should not be dismissed with prejudice.
The 2011 film was Jolie's directional debut. She also wrote and co-produced it.
It was previously reported that the Coen Brothers are to rewrite Jolie's upcoming Unbroken.
The 2010 book on which the film is based tells the true story of World War II hero Lou Zamperini. The Olympic runner crashed in the Pacific in 1943 with two other men. »
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