Inland Diamond Products Co. v. Cherry Optical Inc.

N OTE: This disposition is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
INLAND DIAMOND PRODUCTS CO.,
Plaintiff-Appellee
v.
CHERRY OPTICAL INC.,
Defendant-Appellant
______________________
2024-1560
______________________
Appeal from the United States District Court for the
Eastern District of Wisconsin in No. 1:20-cv-00352-WCG,
Chief Judge William C. Griesbach.
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Decided: October 15, 2025
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M ARK A. JOTANOVIC, Dickinson Wright PLLC, Troy,
MI, argued for plaintiff-appellee. Also represented by
JOHN S. ARTZ, Ann Arbor, MI.
JASON JUST, Amundsen Davis LLC, Green Bay, WI, ar-
gued for defendant-appellant. Also represented by S HERRY
D AWN COLEY , TIFFANY W OELFEL.
______________________
Before PROST, REYNA , and CHEN, Circuit Judges.
Case: 24-1560 Document: 42 Page: 1 Filed: 10/15/2025

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INLAND DIAMOND PRODUCTS CO. v. CHERRY OPTICAL INC . 2
PER CURIAM.
Appellant Cherry Optical Inc. (“Cherry”) appeals the
denial of its motion for attorneys’ fees under 35 U.S.C.
§ 285 by the U.S. District Court for the Eastern District of
Wisconsin. The district court had granted summary judg-
ment in Cherry’s favor but determined that the case was
not “exceptional” so as to warrant an award of attorneys’
fees to Cherry under § 285. See Inland Diamond Prods. Co.
v. Cherry Optical Inc., No. 20-C-352, 2024 WL 448307 (E.D.
Wis. Feb. 6, 2024).
In a separate opinion issued today, we vacated the dis-
trict court’s summary judgment and remanded. See Inland
Diamond Prods. Co. v. Cherry Optical Inc., No. 24-1106
(Fed. Cir. Oct. 15, 2025). At oral argument in this appeal,
Cherry sensibly allowed that, if we were to vacate the sum-
mary judgment, this appeal would become moot. See Oral
Arg. at 0:33–1:07.1 We agree and therefore dismiss this
appeal as moot.
DISMISSED
1 No. 24-1560, https://www.cafc.uscourts.gov/oral-
arguments/24-1560_06022025.mp3.
Case: 24-1560 Document: 42 Page: 2 Filed: 10/15/2025

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