Rusty Hardin & Associates lawyer Bob Wynne argued before a panel of the U.S. Court of Appeals for the Seventh Circuit defending client Consumer Health Information Corp.’s right to revive a copyright infringement lawsuit. The suit was over patient education materials for the diabetes drug Byetta.
In the appellate arguments in Chicago, Wynne “told the three-judge panel that a lower court erred in finding that (a) 2013 suit was time-barred under both federal copyright law and California law governing contract rescission,” according to a Law360 story on the arguments available by subscription here.
Law360 wrote that Consumer Health Information argued it was pressured under “economic duress” to sign away the copyrights in a 2006 contract. But lawsuit defendant Amylin Pharmaceuticals Inc. never lived up to the contract terms and was thus infringing the copyrights by using the materials.
“Bob Wynne of Rusty Hardin & Associates LLP, argued that the copyright claims fell within the three-year statute of limitations because a new limitations period started each time Amylin published the Byetta materials over the years. He said this ‘separate accrual rule’ was laid out in the U.S. Supreme Court’s decision last year in Petrella v. Metro-Goldwyn Mayer, which revived a copyright suit alleging the 1980 film ‘Raging Bull’ ripped off an author’s 1963 screenplay, ” Law360 wrote
The case is Consumer Health Information Corp. v. Amylin Pharmaceuticals Inc., et al., case number 14-3231.