Fed. Circ. Revives Patent Suit Over Magnetic Eyewear

Law360, New York (February 17, 2009, 12:00 AM EST) -- A federal appeals court has revived part of a patent infringement suit between Revolution Eyewear Inc. and rival eyeglass maker Aspex Eyewear Inc. over magnetically attached auxiliary eyewear.

The U.S. Court of Appeals for the Federal Circuit on Friday revived Aspex’s counterclaims, finding that the lower court had erred in concluding that Revolution’s covenant not to sue for past infringement ousted the court of jurisdiction over the counterclaims.

Revolution, based in Simi Valley, Calif., provided Aspex with a covenant not to sue in September 2007 after...
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