Last week Beyoncé won her case in a copyright infringement lawsuit filed against her by singer Javon, who claims B ripped off his song “XOXO” with her single “XO.”

On October 21st a New York City court threw out the case for several of reasons, but Javon says he’s not going to accept the judge’s ruling.

Javon’s rep, Domenick Nati of Nati Celebrity Services, issued a statement to Entertainment Tonight, saying that the singer “is disappointed with the judge’s ruling and is considering fighting his case with an appeal.”

According to the ruling made by Judge Paul Engelmayer, there are many significant and substantial differences between the two songs.