REVOLUTION EYEWEAR, INC. v. ASPEX EYEWEAR, INC.

Nos. 2008-1267, 2008-1376.

563 F.3d 1358 (2009)

REVOLUTION EYEWEAR, INC., Plaintiff/Counterclaim Defendant-Appellant, v. ASPEX EYEWEAR, INC. and Thiery Ifergan, Defendants/Counterclaimants-Appellees, and Manhattan Design Studio, Inc., Contour Optik, Inc., and Asahi Optical Co. Ltd., Counterclaimants-Cross Appellants.

United States Court of Appeals, Federal Circuit.

April 29, 2009.


Attorney(s) appearing for the Case

R. Joseph Trojan, Trojan Law Offices, of Beverly Hills, CA, argued for plaintiff/counterclaim defendant-appellant. Of counsel was Dylan C. Dang.

Michael A. Nicodema, Greenberg Traurig, LLP, of Florham Park, NJ, argued for defendants/counterclaimants-appellees, and counterclaimants-cross appellants.

Before MICHEL, Chief Judge, BRYSON, and POSNER, Circuit Judges.


MICHEL, Chief Judge.

In 2002, Revolution Eyewear, Inc. ("Revolution") initiated a patent infringement action against Aspex Eyewear, Inc. ("Aspex") and Thierry Ifergan in the United States District Court for the Central District of California. Aspex, together with Contour Optik, Inc., Manhattan Design Studio, Inc., and Asahi Optical Co. Ltd. (collectively, "Contour"), counterclaimed that Revolution infringed claims 6, 22, and 34 of U.S. Patent No. RE37,545 ("`545 patent...

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