Kim v. Dawn Food Products, Inc. (N.D. Ill. October 12, 2004) (10 C 1906).
Historically, potassium bromate has been used in bread-making. However, the substance causes cancer in laboratory animals. As a substitute, Yoon Kim invented a potassium bromate replacer that includes ascorbic acid to act as an oxidant. (RE 36,355).
Kim sued Dawn Foods in the Northern District of Illinois, alleging that defendants doughnut mix infringed the patent. After construing the terms, the court found that Dawn Foods’ products clearly did not infringe.
Interestingly, Kim’s case may have been hurt most by her rapid succession of representation.
Attorneys for Lord, Bissell & Brook, LLP filed a notice of appearance in this Court to represent Kim on April 30, 2003. On February 12, 2004, Kim requested that the Court grant the Lord, Bissell, & Brook, LLP attorneys’ motion to withdraw in light of “irreconcilable differences concerning the future handling of the above-captioned case.” Two months later, attorneys for Ryndak & Suri filed a notice of appearance in this Court to represent Kim. On July 23, 2004, Kim requested that the Court grant Ryndak & Suri attorneys’ motion to withdraw, citing “conflicts between attorneys and the plaintiff.”