Supreme Court Declines to Hear Aspex Suit against Altair

“The U.S. Supreme Court has declined to hear the appeal of Aspex Eyewear’s lawsuit against Altair Eyewear, according to a VSP Global press release,” reports Healio’s Primary Care Optometry News. “The two parties disputed patent number 5,737,054, which is a design for a magnetic clip-on to hold a clip-on auxiliary frame to a primary frame, such as a sunglass clip-on frame to a prescription frame, according to the release. By dismissing this litigation, the high court upheld the 2012 decision by the U.S. Court of Appeals for the Federal Circuit as to who held the patent, thereby reaffirming the District Court of Massachusetts’ dismissal of the patent infringement lawsuit.” Read more.

Aspex/Countour Sue Zenni

“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.

Aspex's Lawsuit Against Revolution and Marchon Still a Go

"The Federal Circuit on Wednesday revived some of Aspex Eyewear Inc.’s patent claims against two rivals and Nike Inc., saying prior litigation over magnetic clip-on eyeglass frames didn’t bar Aspex’s claims based on products made after those suits were resolved," says Lawyer 360. "The appeals court said that some of the disputed products in Aspex's current patent suit — which alleges that Revolution Eyewear Inc. and its licensee Marchon Eyewear Inc. violate patents on auxiliary glasses frames — were subject to a res judicata bar." Read more.