1-800 Contacts v. Lens.com, et al

Filing

[10091504] We AFFIRM summary judgment on all claims of infringement based on keyword use that did not result in ads displaying 1-800 s mark in their text. With respect to the secondary-liability claims related to ads that did display the mark in their text, we AFFIRM summary judgment on vicarious infringement but REVERSE and REMAND on contributory infringement. We AFFIRM the district court s sanctions order challenged by Lens.com s cross-appeal and the court s decisions not to award further attorney fees to 1-800 or to Lens.com.;Terminated on the merits after oral hearing; Written, signed, published;. Judges Briscoe, Lucero and Hartz, authoring. Mandate to issue. [11-4114, 11-4204, 12-4022]

Appellate Case: 11-4114

Document: 01019092300

Date Filed: 07/16/2013

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
OFFICE OF THE CLERK
Byron White United States Courthouse
1823 Stout Street
Denver, Colorado 80257
[phone]
Elisabeth A. Shumaker
Clerk of Court

Mr. Arthur B. Berger
Mr. Mark Bettilyon
Mr. Michael K. Erickson
Ms. Elaina M. Maragakis
Samuel C. Straight
Ray Quinney & Nebeker P.C.
36 South State Street, Suite 1400
Salt Lake City, UT 84111
Mr. Donald A. Degnan
Holland & Hart LLP
1800 Broadway
Suite 300
Boulder, CO 80302
Ms. Marcy Geoffrey Glenn
Holland & Hart LLP
555 17th Street, Suite 3200
Denver, CO 80202
Mr. Mark A. Miller
Mr. Bryan G. Pratt
Holland & Hart
222 South Main Street
Suite 2200
Salt Lake City, UT 84101
Mr. Scott R. Ryther
Phillips, Ryther & Winchester
124 South 600 East
Salt Lake City, UT 84102

July 16, 2013

Douglas E. Cressler
Chief Deputy Clerk

Appellate Case: 11-4114

RE:

Document: 01019092300

Date Filed: 07/16/2013

Page: 2

11-4114, 11-4204, 12-4022, 1-800 Contacts v. Lens.com, et al
Dist/Ag docket: 2:07-CV-00591-CS-DN

Dear Counsel:
Enclosed is a copy of the opinion of the court issued today in this matter. The court has
entered judgment on the docket pursuant to Fed. R. App. P. Rule 36.
Pursuant to Fed. R. App. P. Rule 40, any petition for rehearing must be filed within 14
days after entry of judgment. Please note, however, that if the appeal is a civil case in
which the United States or its officer or agency is a party, any petition for rehearing must
be filed within 45 days after entry of judgment. Parties should consult both the Federal
Rules and local rules of this court with regard to applicable standards and requirements.
In particular, petitions for rehearing may not exceed 15 pages in length, and no answer is
permitted unless the court enters an order requiring a response. If requesting rehearing en
banc, the requesting party must file 12 paper copies with the clerk, in addition to
satisfying all Electronic Case Filing requirements. See Fed. R. App. P. Rules 35 and 40,
and 10th Cir. R. 35 and 40 for further information governing petitions for rehearing.
Please contact this office if you have questions.
Sincerely,

Elisabeth A. Shumaker
Clerk of the Court

EAS/na

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