Aspex Eyewear Can't Revive Case Over Frame Patent

Law360, New York (May 24, 2010, 7:58 PM EDT) -- A federal appeals court on Monday rejected a bid by Aspex Eyewear Inc. and Contour Optik Inc. to resurrect their patent infringement case against Clariti Eyewear Inc. over eyeglass frames with magnetically attachable auxiliary sunshade lenses.

A three-judge panel of the U.S. Court of Appeals for the Federal Circuit upheld the lower court's decision to dismiss Aspex and Contour's case on the ground of equitable estoppel. The appeals court also affirmed the trial court's decision not to award Clariti attorneys' fees.

One circuit judge dissented, saying...
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