CAP EXPORT, LLC v. ZINUS, INC.

2020-2087.

996 F.3d 1332 (2021)

CAP EXPORT, LLC, Plaintiff/Counterclaim Defendant-Appellee Abraham Amouyal, Third-Party Defendant-Appellee 4Moda Corp., Third-Party Defendant v. ZINUS, INC., Defendant/Counterclaimant/Third-Party Claimant-Appellant. Does, 1 through 10, Inclusive, Defendants.

United States Court of Appeals, Federal Circuit.

Decided: May 5, 2021.


Attorney(s) appearing for the Case

David Beitchman , Beitchman & Zekian, PC, Encino, CA, argued for plaintiff/counterclaim defendant-appellee and third-party defendant-appellee. Also represented by Milord A. Keshishian , Milord & Associates, PC, Los Angeles, CA.

Darien Wallace , Imperium Patent Works LLP, Pleasanton, CA, argued for defendant/third party plaintiff/counterclaimant-appellant. Also represented by T. Lester Wallace.

Before Dyk, Bryson, and Hughes, Circuit Judges.


Zinus, Inc. ("Zinus") appeals the decision of the United States District Court for the Central District of California setting aside a judgment and injunction pursuant to Federal Rule of Civil Procedure 60(b)(3). We affirm.

BACKGROUND

Zinus is the owner of U.S. Patent No. 8,931,123 ("the '123 patent"), which...

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