ASPEX EYEWEAR, INC. v. MARCHON EYEWEAR, INC.

No. 2011-1147.

672 F.3d 1335 (2012)

ASPEX EYEWEAR, INC., and Contour Optik, Inc., Plaintiffs-Appellants, v. MARCHON EYEWEAR, INC., and Nike, Inc., Defendants-Appellees, and Revolution Eyewear, Inc., and Gary Martin Zelman, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

March 14, 2012.


Attorney(s) appearing for the Case

Michael A. Nicodema , Greenberg Traurig, LLP, of Florham Park, NJ, argued for plaintiffs-appellants.

Edgar H. Haug , Frommer Lawrence & Haug LLP, of New York, NY, argued for defendants-appellees, Marchon Eyewear, Inc. and Nike, Inc. With him on the brief were Porter Farrar Fleming and Brian S. Goncalves .

Steven M. Hanle , Sheppard, Mullin, Richter & Hampton, LLP, of Costa Mesa, CA, argued for defendants-appellees Revolution Eyewear, Inc. and Gary Martin Zelman. With him on the brief was Jennifer A. Trusso .

Before RADER, Chief Judge, BRYSON and REYNA, Circuit Judges.


BRYSON, Circuit Judge.

Aspex Eyewear, Inc., is the owner of U.S. Patent No. RE37,545 ("the '545 patent"). That patent, which is entitled "Auxiliary Lenses for Eyeglasses," is directed to magnetic clip-on eyewear. It discloses primary eyeglass frames designed so that auxiliary frames, typically containing sunglass lenses, can be attached to the primary frames by magnetic force. The '545 patent claims the combination of an...

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