Legal Opinion

Aspex Eyewear, Inc. v. Clariti Eyewear, Inc.

Court of Appeals for the Federal Circuit

Decided May 24, 2010No. 2009-1147, 2009-1162PublishedCited by 48 opinions

1Opinion of the Court

Opinion for the court filed by Circuit Judge NEWMAN. Dissenting opinion filed by Circuit Judge RADER.

NEWMAN, Circuit Judge.

Aspex Eyewear Inc. and Contour Optik, Inc. (together “Aspex”) appeal the summary judgment of the United States District Court for the Southern District of New York, ruling that Aspex is equitably estopped from pursuing this infringement claim against Clariti Eyewear, Inc.1 On cross-appeal, Clariti challenges the district court’s denial of attorney fees under 35 U.S.C. § 285.

Background

Aspex filed suit against Clariti in March 2007, alleging that Clariti’s sales of its…

2Cases cited20 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Professional Real Estate Investors, Inc. v. Columbia Pictures Industries, Inc.Supreme Court of the United States · 1993
  3. A.C. Aukerman Company v. R.L. Chaides Construction Co.Court of Appeals for the Federal Circuit · 1992
  4. Kingsdown Medical Consultants, Ltd. And E.R. Squibb & Sons, Inc. v. Hollister IncorporatedCourt of Appeals for the Federal Circuit · 1988
  5. The Standard Oil Company, Appellant/cross-Appellee v. American Cyanamid Company, Appellee/cross-AppellantCourt of Appeals for the Federal Circuit · 1985

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3Cited by48 opinions

  1. Marctec, LLC v. Johnson & JohnsonCourt of Appeals for the Federal Circuit · 2012
  2. AstraZeneca UK Ltd. v. Aurobindo Pharma Ltd.Court of Appeals for the Federal Circuit · 2012
  3. Spectralytics, Inc. v. Cordis Corp.Court of Appeals for the Federal Circuit · 2011
  4. Old Reliable Wholesale, Inc. v. Cornell Corp.Court of Appeals for the Federal Circuit · 2011
  5. SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLCCourt of Appeals for the Federal Circuit · 2014

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