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ASPEX EYEWEAR INC. v. CLARITI EYEWEAR, INC.

Nos. 2009-1147, 2009-1162.

605 F.3d 1305 (2010)

ASPEX EYEWEAR INC. and Contour Optik, Inc., Plaintiffs-Appellants, v. CLARITI EYEWEAR, INC., Defendant-Cross-Appellant.

United States Court of Appeals, Federal Circuit.

May 24, 2010.

Attorney(s) appearing for the Case

Michael A. Nicodema, Greenberg Traurig, LLP, of Florham Park, NJ, argued for plaintiffs-appellants.

Andrew D. Skale, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., of San Diego, CA, argued for defendant-cross-appellant. With him on the brief was Nathan R. Hamler.

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...

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