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OAKLEY, INC. v. BUGABOOS EYEWEAR CORP.

Case No. 09CV2037 JLS (JMA).

757 F.Supp.2d 1050 (2010)

OAKLEY, INC., Plaintiff, v. BUGABOOS EYEWEAR CORP., and Bugaboos Eyewear (U.S.) Inc., Defendant.

United States District Court, S.D. California.

December 15, 2010.

Attorney(s) appearing for the Case

Gregory K. Nelson, Weeks Kaufman Nelson and Johnson, for Plaintiff.

Lawrence R. LaPorte, Michael A. Tomasulo, Steven Paul Inman, II, Dickstein Shapiro LLP, Los Angeles, CA, Robert Lee Kinder, Dickstein Shapiro LLP, Washington, DC, for Defendants.

ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ON DEFENDANT'S SEVENTH COUNTERCLAIM FOR FALSE MARKING

JANIS L. SAMMARTINO, District Judge.

Defendants Bugaboos Eyewear, Corp., and Bugaboos Eyewear (U.S.) Inc., (collectively Bugaboos) allege in its counterclaim that Plaintiff Oakley, Inc. (Oakley) falsely marked its products in violation of 35 U.S.C. § 292, the patent false marking statute. In response, Oakley motions for summary judgment on the...

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