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ASPEX EYEWEAR, INC. v. E'LITE OPTIK, INC.

Civil Action No. 3:02-CV-0634-D.

552 F.Supp.2d 620 (2008)

ASPEX EYEWEAR, INC., et al., Plaintiffs-counterdefendants, v. E'LITE OPTIK, INC., Defendant-counterplaintiff.

United States District Court, N.D. Texas, Dallas Division.

April 3, 2008.

Attorney(s) appearing for the Case

Brett C. Govett, Dan Duncan Davison, Fulbright & Jaworski, Dallas, TX, Barry J. Schindler, Michael A. Nicodema, Greenberg Traurig, New York, NY, for Plaintiff.

Daniel V. Thompson, Thompson & Gustavson, Dallas, TX, for Defendant.

MEMORANDUM OPINION AND ORDER

SIDNEY A. FITZWATER, Chief Judge.

Defendant-counterplaintiff E'Lite Optik, Inc. ("E'Lite") moves for partial summary judgment on plaintiffs' patent infringement claim. Because the court's construction of United States Patent No. RE37 545E ("the `545 patent") settles as a matter of law that both of E'Lite's accused products did not infringe claims 18 and 23 of the '545 patent, the court grants E'Lite's motion to the extent...

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