BRADY CONSTRUCT V CA EXPAND METAL, No. 07-1469 (Fed. Cir. 2008)

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NOTE: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit 2007-1469 BRADY CONSTRUCTION INNOVATIONS, INC., Plaintiff-Appellant, v. CALIFORNIA EXPANDED METAL PRODUCTS COMPANY, Defendant-Appellee. ----------------------------------------------------2008-1057 BRADY CONSTRUCTION INNOVATIONS, INC., Plaintiff-Appellee, v. CALIFORNIA EXPANDED METAL PRODUCTS COMPANY, Defendant-Appellant. R. Joseph Trojan, Trojan Law Offices, of Beverly Hills, California, argued for plaintiff-appellant and plaintiff-appellee. Paul A. Stewart, Knobbe, Martens, Olson & Bear, LLP, of Irvine, California, argued for defendant-appellee and defendant-appellant. With him on the brief were Vito A. Canuso, III, and Michael K. Friedland. Appealed from: United States District Court for the Central District of California Chief Judge Alicemarie H. Stotler NOTE: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit 2007-1469 BRADY CONSTRUCTION INNOVATIONS, INC., Plaintiff-Appellant, v. CALIFORNIA EXPANDED METAL PRODUCTS COMPANY, Defendant-Appellee. -------------------------------------------------------------2008-1057 BRADY CONSTRUCTION INNOVATIONS, INC., Plaintiff-Appellee, v. CALIFORNIA EXPANDED METAL PRODUCTS COMPANY, Defendant-Appellant. Appeal from United States District Court for the Central District of California in case no. 07-CV-217, Chief Judge Alicemarie H. Stotler __________________________ DECIDED: August 15, 2008 __________________________ Before MICHEL, Chief Judge, RADER and MOORE, Circuit Judges. MICHEL, Chief Judge. Brady Construction Innovations, Inc. ( Brady ) appeals from the district court s summary judgment of invalidity. Order, Brady Construction Innovations, Inc. v. California Expanded Metal Products Company, No. 07-217 (C.D. Cal. June 13, 2007) ( Summary Judgment Order ). California Expanded Metal Products Company ( CEMCO ) appeals from the district court s denial of its motion for attorneys fees. Order, Brady Construction Innovations, Inc. v. California Expanded Metal Products Company, No. 07-217 (C.D. Cal. Sept. 26, 2007) ( Fees Order ). argument on July 7, 2008. We heard oral For the reasons discussed in our opinion in Brady Construction Innovations, Inc. v. Perfect Wall, Inc., Nos. 2007-1460, -1486, we affirm both the district court s summary judgment of invalidity and denial of attorneys fees. * * CEMCO also sought attorneys fees under Rule 11 on the same basis as it sought fees under Section 285. The district court s denial of a motion for Rule 11 sanctions is reviewed for abuse of discretion. E.g., Q-Pharma, Inc. v. Andrew Jergens Co., 360 F.3d 1295, 1299 (Fed. Cir. 2004). We have reviewed CEMCO s arguments as to attorneys fees as well as the correspondence in the record between CEMCO s counsel and Brady s counsel, and we conclude that the district court did not abuse its discretion in denying attorneys fees under Rule 11. 2 2007-1469; 2008-1057

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