“Countour Optik, Inc. and sublicensee Aspex Eyewear, Inc. (collectively ‘Aspex’) sued Zenni Optical, LLC (‘Zenni’) for infringement of U.S. Patents No. 5,737,054 (the ‘'054 patent’), No. 6,012,811 (the ‘'811 patent’), and No. 6,092,896 (the ‘'896 patent’), all relating to magnetic clip-on eyewear, such as sunglasses. The district court held that Aspex was collaterally estopped from pursuing this lawsuit, based on earlier litigation between Aspex and Altair Eyewear, Inc. for infringement of the same patents (the ‘Altair litigation’),” reports Lexology.com.
“The Altair litigation involved the same three patents and many of the same claims now in suit. In that litigation, the district court had construed the term ‘retaining mechanisms’ in the ‘811 and ‘896 patents as requiring supporting frames—such as rims—around the lenses and construed the term ‘frame’ in the ‘054 patent as requiring rims. The Federal Circuit affirmed the construction of ‘retaining mechanisms,’ and held that the patents were not infringed because Altair’s magnetic clip-ons were rimless. However, it remanded on the construction of ‘frame,’ finding the ‘054 patent did not limit that term to one with rims. On remand, the district court held that the ‘054 claim was invalid for obviousness. The Federal Circuit affirmed.” Read more.
No comments:
Post a Comment