Aspex Seeks High Court Guidance On Patent Obviousness

Law360, New York (March 18, 2013, 11:00 PM EDT) -- Aspex Eyewear Inc. recently urged the U.S. Supreme Court to hear its challenge to a ruling that invalidated a patent for magnetically attachable sunglasses, arguing that the case was an “ideal vehicle” for refining the test to determine when an invention is obvious and therefore unpatentable.

Aspex and Taiwanese affiliate Contour Optik Inc. filed a petition for certiorari March 13, challenging a Federal Circuit decision that a patent Aspex had first asserted against rival Altair Eyewear Inc. in 2002 was invalid as obvious.

In its petition,...
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