Brady Construction Innovations, Inc. v. California Expanded Metal Products Company

NOTE: This disposition is nonprecedential.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.
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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

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NOTE: This disposition is nonprecedential.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.
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.

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2007-1469; 2008-1057
2
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”). We heard oral
argument on July 7, 2008. 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.

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