Fed. Circ. Revives Eyewear IP Claims Against Nike, Others

Law360, New York (March 14, 2012, 6:29 PM EDT) -- 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.

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 because there were only...
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