His contention is that although the group paid a licensing fee for the sample itself, they did not pay a fee for the use of the composition.
The 9th U.S. Circuit Court of Appeals in San Francisco had already dismissed the lawsuit, saying that the sample was not distinctive enough to count as a copyright infringement.
Lileana Blain-Cruz directs the new production, opening April 23.
The Cuban-born composer is this season's Debs Composer's Chair.
The cast is led by Bryonha Marie and Nathan Gunn, with Tony winner Ted Sperling at the baton.
The season, opening September 21, will include 58 ballets across 21 weeks of performances.
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