Decisions in Brief

Decisions in Brief

John C. Gatz

©2016. Published in Landslide, Vol. 9, No. 1, September/October 2016, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.

COPYRIGHTS

Copyright Ownership Claim Has 3-Year Fuse

Consumer Health Info Corp. v. Amylin Pharms, Inc. 819 F.3d 992, 118 U.S.P.Q.2d 1361 (7th Cir. 2016). Amylin, a pharmaceutical company, hired Consumer Health to develop training materials for Byetta, an injectable diabetes drug that had disappointing sales. In March 2006, the companies entered into a master service agreement that assigned the copyrights in materials developed by Consumer Health to Amylin. In September 2006, Amylin stopped paying Consumer Health, but continued to use the materials. In July 2013, Consumer Health sued Amylin for copyright infringement, alleging among other things that Amylin did not own the copyrights in the materials. The district court granted Amylin’s motion to dismiss the suit as untimely. The district court found that the Copyright Act’s three-year statute of limitations barred a suit over the ownership dispute.

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