CVI/BETA VENTURES, INC. v. TURA LP

No. 96-1167.

112 F.3d 1146 (1997)

CVI/BETA VENTURES, INC., Plaintiff-Appellee, Marchon Eyewear, Inc., Marcolin USA, Inc., and Rothandberg, Inc., Plaintiffs-Appellees, v. TURA LP and Brodart Co., Defendants-Appellants, and Arthur Brody, Defendant, and Bracken Opticians, Defendant.

United States Court of Appeals, Federal Circuit.

May 1, 1997.


Attorney(s) appearing for the Case

James J. Maune, Brumbaugh, Graves, Donohue & Raymond, New York City, argued, for plaintiff-appellee CVI/BETA Ventures, Inc. Of counsel was David T. Cunningham.

Edgar H. Haug, Curtis, Morris & Safford, P.C., New York City, argued, for plaintiffs-appellees Marchon Eyewear, Inc., Marcolin U.S.A., Inc. and Rothandberg, Inc. Of counsel on the brief were John R. Lane, Daniel G. Brown, and Yvonne K. Tran. Also on the brief was Robert J. Mathias, Piper & Marbury, L.L.P., Baltimore, MD.

Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., Washington, DC, argued, for defendants-appellants. With him on the brief was Darrel C. Karl.

Before MICHEL, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and SCHALL, Circuit Judge.


SCHALL, Circuit Judge.

This is an appeal from a final judgment of the United States District Court for the Eastern District of New York in a patent infringement suit. CVI/Beta Ventures v. Tura LP, 905 F.Supp. 1171 (E.D.N.Y.1995). CVI/Beta Ventures, Inc. (CVI) is the assignee of United States Patent Nos. 4,772,112 (the '112 patent) and 4,896,955 (the '955 patent). The patents relate to flexible eyeglass frames. Marchon Eyewear...

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