Copyright Infringement

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7^th Circuit Court of Appeals

Case Name: Consumer Health Information Corporation v. Amylin Pharmaceuticals, Inc., et al.

Case No.: 14-3231

Officials: FLAUM, KANNE, and SYKES, Circuit Judges

Focus: Copyright Infringement

Copyright infringement suit stemming from contracted use of copyright to respondent dismissed as untimely.

“Amylin moved to dismiss the suit as untimely. The district court granted the motion, concluding that the complaint was filed several years too late under either of two applicable statutes of limitations. Under the contract’s choice-of-law provision, the rescission claim is governed by California law, and the California limitations period for rescission claims based on fraud or economic duress is four years. CAL. CIV. PROC. CODE § 337. The judge held that Consumer Health’s rescission claim accrued in March 2006, when the contract was signed, or at the very latest in October 2006, when Amylin stopped paying for its services. On this accrual analysis, the four-year limitations period expired in either March or October 2010, roughly three years before the suit was filed.”

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.