Aspex Loses Injunction Appeal In VSP Antitrust Row

Law360, New York (July 28, 2010, 2:29 PM ET) -- A federal appeals court has upheld the denial of Aspex Eyewear Inc.'s bid to enjoin an insurer from removing it from its network as the parties litigate patent infringement and antitrust claims, rejecting Aspex's contention that the removal hurt competition and breached an implied contract.

A district court correctly concluded that Aspex failed to establish the underlying likelihood of success required to enjoin Vision Service Plan from kicking it out of network, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit ruled...
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