Fed. Circ. Blocks Aspex Sunglass IP Suit Against Retailer

Law360, New York (April 19, 2013, 5:07 PM EDT) -- Aspex Eyewear Inc. is precluded from pursuing claims that an online retailer is violating patents covering magnetic clip-on eyewear after failing to assert the same patents in an earlier lawsuit against a rival, the Federal Circuit held Friday.

The appellate court affirmed the findings of a Florida district judge who determined Aspex was collaterally estopped from pursing its lawsuit against Zenni Optical LLC, operator of eyewear retail site ZenniOptical.com. Before filing its complaint against Zenni Optical, Aspex asserted the same three patents against competitor Altair Eyewear Inc....
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