United States Federal Circuit

In a patent case involving patents related to eyeglass frames with magnetically attachable auxiliary lenses such as sunshades, summary judgment finding that plaintiff is equitably estopped from pursuing its infringement claim against defendant is affirmed where the elements of equitable estoppel were established without material factual dispute, and the district court did not abuse its discretion in weighing the equities. On cross-appeal, the district court's refusal to award fees pursuant to 35 U.S.C. section 285 is also affirmed.

Appellate Information

• Decided 05/24/2010
• Published 05/24/2010

Judges

• NEWMAN, Circuit Judge., Before NEWMAN, RADER and BRYSON, Circuit Judges.

Court

• United States Federal Circuit

Counsel

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


• For Appellees:
  
• 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.