Conte v. Jakks Pacific, Inc.

• Court: Court of Appeals for the Federal Circuit
• Decided: June 11, 2014
• Docket: 14-1153
• Status: Unpublished

Opinion

NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

SHELLY CONTE AND CINDY REICHMAN, Plaintiffs-Appellants,

v.

JAKKS PACIFIC, INC., Defendant-Appellee. ______________________

2014-1153 ______________________

Appeal from the United States District Court for the Eastern District of California in No. 1:12-cv-00006-LJO- GSA, Judge Lawrence J. O'Neill. ______________________

Decided: June 11, 2014 ______________________

LENDEN F. WEBB, Webb & Bordson, APC, of Fresno, California, argued for plaintiffs-appellants.

JONATHAN HONIG, Feder Kaszovitz LLP, of New York, New York, argued for defendant-appellee. Of counsel on the brief was WILLIAM THOMAS MCLAUGHLIN, II, Lang, Richert & Patch, of Fresno, California. ______________________

Before DYK, WALLACH, and CHEN, Circuit Judges. 2 CONTE v. JAKKS PACIFIC, INC.

PER CURIAM. The judgment is affirmed on the grounds that (1) the asserted claim 9 of United States Patent No. 6,494,457 (the ’457 patent) would have been obvious and (2) the district court did not abuse its discretion in refusing to permit plaintiffs to amend the complaint to include claim 1 of the ’457 patent. AFFIRMED