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Cynthia A. Homan

Practice Summary

Cindy Homan writes briefs on substantive and procedural issues relating to all aspects of intellectual property law, with an emphasis on summary judgment and appeal briefs. She focuses the facts, issues, and arguments to best position a case for a win in court on the written record. She also has litigated copyright, patent, and trademark cases during her 27 years with the firm, and has counseled clients on copyright and licensing matters involving computer software, music, art and writings.

Ms. Homan additionally serves as the firm's diversity shareholder. She works closely in this capacity with the board of directors and diversity committee to ensure that the firm carries out its diversity initiatives. Ms. Homan is also the current chair of the firm's Diversity Committee.

Honors/Distinctions
  • Edmund James Scholar, University of Illinois
  • Beta Phi Mu honorary society for scholastic achievement in library and information sciences
  • Leading Intellectual Property Lawyer, Leading Lawyers Network, Law Bulletin Publishing Company, 2004-2007
  • Illinois Super Lawyers, Appellate Law, 2005-2007
Representative Matters
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  • Star Scientific, Inc. v. R.J. Reynolds Tobacco Co. (D. Md. 2007). District Court entered final judgment on a jury verdict of patent non-infringement and invalidity (based on anticipation, obviousness, indefiniteness and failure to disclose the best mode) in favor of client RJR. Decision is presently on appeal to the Federal Circuit.
  • Edwards Lifesciences LLC v. Cook Incorporated (N.D. Cal. and Fed. Cir. 2009). Federal Circuit affirmed District Court’s grant of summary judgment of non-infringement in favor of client Cook.
  • Nitro Distributing v. Alticor Inc. (W.D. Mo. and 8th Cir. 2010). Eighth Circuit affirmed District Court’s grant of summary judgment dismissing all claims in an antitrust case in favor of clients Alticor, Amway, and Quixtar. Supreme Court denied a petition to review the appellate court’s decision.
  • Encyclopaedia Britannica, Inc., v. Alpine Electronics of America, Inc. (W.D. Tex. and Fed. Cir.). In two separate appeals, Federal Circuit affirmed District Court’s grants of summary judgment of patent invalidity (based on anticipation and indefiniteness) in favor of client Alpine.
  • Techtronic Industries Co., Ltd. v. Chervon Holdings Ltd. (N.D. Ill. 2005). District Court preliminarily enjoined Chervon from selling an infringing laser-level product with a motor-powered suction base, leading to a favorable settlement for clients.
  • Chiron Corp. v. Genentech, Inc. (Fed. Cir. 2004). Federal Circuit affirmed a jury verdict of patent invalidity for failure to satisfy statutory written description requirement, leaving client Genentech free to continue sales of its breast cancer-treatment drug, Herceptin®.
  • Alticor Inc. v. Ultra-Sun Technologies, Inc. (Fed. Cir. 2004). Federal Circuit reversed the District Court's grant of summary judgment of non-infringement of water purification system, leading to a favorable settlement for client Alticor.
  • Procter & Gamble Co. v. Haugen (D. Utah and 10th Cir. 2000 and 2003). Tenth Circuit affirmed District Court's summary dismissal of P&G's claims against client Amway based on the Lanham Act, defamation, tortious interference with business relations, unfair competition, negligent supervision and vicarious liability.
  • McKeown v. City of Chicago (N.D. Ill. and Fed. Cir. 2001). Federal Circuit affirmed District Court's summary dismissal of a patent infringement suit brought against client City of Chicago, permitting the city to complete the Wacker Drive reconstruction project.
  • Bio-Technology General Corp. v. Genentech, Inc. (Fed. Cir. 2001). Federal Circuit reinstated a jury verdict rejecting a challenge to the validity of client Genentech's patent on a method of manufacturing a human growth hormone drug.
  • Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. (S. Ct. 2001). Supreme Court agreed to review the Federal Circuit's bright-line rules on prosecution history estoppel as a defense in patent infringement cases, a result urged in a friend-of-the-court brief written by Ms. Homan.
  • Ferag AG v. Grapha-Holding AG (D.D.C. and Fed. Cir. 1997). Federal Circuit affirmed without opinion the District Court's decision of invalidity and non-infringement in favor of client Ferag.
  • Everpure, Inc. v. Cuno, Inc. (D. Conn. and Fed. Cir. 1989). Federal Circuit affirmed summary judgment of non-infringement, finding that client Cuno's acts of supplying customers with adapters for attaching Cuno cartridges to Everpure filter heads constituted permissible repair of spent cartridges.
  • Kennecott Corp. v. Kyocera Int'l, Inc. (S.D. Cal. and Fed. Cir. 1987). Federal Circuit reversed a grant of summary judgment of patent invalidity (based on written description requirement), permitting client Kennecott to take its infringement case to trial and obtain judgment of $16,000,000 for willful patent infringement.
Publications
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  • Patents and the Federal Circuit, co-author with Charles M. McMahon (beginning with 2010 Supplement to Ninth Edition)
  • "Why Brevity Is The Key To Success," Managing Intellectual Property, Americas Enforcement Focus 2005, co-author with Meredith Martin Addy
  • "Federal Circuit Procedure–Significant Decisions and Proposed Rule Changes in 2002," chapter in Intellectual Property Law Update (2003)
  • Appellate Practice Journal, Federal Circuit Editor, 1998-2002
  • Designing An Effective Intellectual Property Compliance Program, co-author, 1994
  • "Who Owns The Copyright? Understanding The 'Work Made For Hire' Doctrine", co-author, 17 Licensing L. & Business Rep.,13, 1994
  • "Using Exclusive Licenses To Subdivide The 'Bundle Of Rights' In A Copyright," 9 Licensing L. & Business Rep., 109, 1986
Presentations
  • "The Federal Circuit: Preserving the Wins, and Reversing the Losses," presentation with Meredith Martin Addy at Brinks Hofer Gilson & Lione Seminar, "Managing the Risks of IP Litigation," October 25, 2005
Memberships & Affiliations
  • Federal Circuit Bar Association
  • Intellectual Property Law Association of Chicago
  • Women's Bar Association of Illinois
  • National LGBT Bar Association
Civic Activities
  • Lambda Legal
    National Board of Directors, 2003-2009, Board
    Co-Chair, 2004-2005
Legal Experience
  • Brinks Hofer Gilson & Lione, Chicago, Illinois
    Shareholder, 1987-Present
    Member, Board of Directors, 2007
    Chair, Appellate Practice Group, 1998-2006
    Chair, Associates Committee, 1993-1995, 1997-1998
    Chair, Library Committee, 1988-1996
    Associate, 1981-1986
Non-Legal Experience
  • Brinks Hofer Gilson & Lione, Chicago, Illinois
    Librarian and Docket Clerk, while attending law school, 1977-1981
  • University of Pittsburgh, Pittsburgh, Pennsylvania
    Graduate Research Assistant, 1976-1977
    Researching and writing about Freedom of Information laws.
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