Fees Appeal Doesn't Fly In Eyewear Fight: Fed. Circ.

Law360, New York (April 29, 2009, 12:00 AM EDT) -- A federal appeals court has affirmed a district court ruling denying Contour Optik Inc.'s bid for attorneys' fees stemming from its counterclaim in a long-standing patent infringement fight over magnetic eyewear.

According to Wednesday's opinion in the U.S. Court of Appeals for the Federal Circuit, there is no clear error by the U.S. District Court for the Central District of California in failing to find willful infringement, and no clear error in the conclusion that the case is not exceptional.

In addition to affirming the lower...
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