Conan O’Brien is going to trial for allegedly stealing jokes for his late-night TBS show, including a barb about Tom Brady.

The plaintiff in the case, a San Dieg-based comedy writer named Robert “Alex” Kaseberg, says O’Brien lifted five of his jokes from Twitter and altered them for his opening monologue. A federal judge agreed Kaseberg has legitimate claims about three quips.

The joke that involves Brady dates back to Feb. 3, 2015, after the Patriots’ victory over the Seahawks in Super Bowl XLIX. This is the version Kaseberg posted: “Tom Brady said he wants to give his MVP truck to the man who won the game for the Patriots. So enjoy that truck, Pete Carroll.”