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AIRFRAME SYSTEMS, INC. v. RAYTHEON CO.

No. 09-1624.

601 F.3d 9 (2010)

AIRFRAME SYSTEMS, INC., Plaintiff, Appellant, v. RAYTHEON COMPANY; John Stolarz; L-3 Communications Holdings, Inc.; L-3 Communications Corp., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 31, 2010.

Attorney(s) appearing for the Case

Peter B. Krupp with whom Lurie & Krupp, LLP and Bruce I. Afran were on brief for appellant.

John F. Batter III with whom Timothy J. Perla, Sarah W. Lowe, and Wilmer Cutler Pickering Hale and Dorr LLP were on brief for appellee Raytheon Company.

Alan M. Gelb with whom Randi Maidman and Jones Hirsch Connors & Bull, PC were on brief for appellee L-3 Communications Corporation.

Before LYNCH, Chief Judge, SOUTER, Associate Justice, and STAHL, Circuit Judge.

LYNCH, Chief Judge.

The question presented is whether the doctrine of claim preclusion bars the plaintiff, Airframe Systems, Inc. (Airframe) from pursuing a later 2007 copyright infringement action in Massachusetts when its earlier 2006 copyright action in New York, concerning the same series of events, was dismissed and Airframe took no appeal.

The wrinkle presented is that the earlier New York suit named as defendant...

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