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REVOLUTION EYEWEAR, INC. v. ASPEX EYEWEAR, INC.

No. 2008-1050.

556 F.3d 1294 (2009)

REVOLUTION EYEWEAR, INC., Plaintiff/Counterclaim Defendant-Appellee, and Gary Martin Zelman, Counterclaim Defendant-Appellee, v. ASPEX EYEWEAR, INC. and Nonu Ifergan, Defendants/Counterclaimants-Appellants.

United States Court of Appeals, Federal Circuit.

February 13, 2009.

Attorney(s) appearing for the Case

R. Joseph Trojan, Trojan Law Offices, of Beverly Hills, CA, argued for plaintiff/counterclaim defendant-appellee and counterclaim defendant-appellee. Of counsel was Dylan C. Dang.

Michael A. Nicodema, Greenberg Traurig, LLP, of New York, NY, argued for defendants/counterclaimants-appellants.

Before NEWMAN, SCHALL and MOORE, Circuit Judges.

NEWMAN, Circuit Judge.

This case relates to a covenant not to sue for past infringement, and its effect on jurisdiction of declaratory counterclaims applicable to future infringement.

In 2003 Revolution Eyewear, Inc. ("Revolution") filed suit against Aspex Eyewear, Inc. and Nonu Ifergan (collectively "Aspex") in the United States District Court for the Central District of California, charging infringement of United States Patent No. 6,550,913 ("the '913 patent...

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