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ASPEX EYEWEAR, INC. v. ZENNI OPTICAL INC.

No. 2012-1318.

713 F.3d 1377 (2013)

ASPEX EYEWEAR, INC. and Contour Optik, Inc., Plaintiffs-Appellants, v. ZENNI OPTICAL INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 19, 2013.

Attorney(s) appearing for the Case

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

Guy W. Chambers , Duane Morris, LLP, of San Francisco, CA, argued for the defendant-appellee. With him on the brief were Harvey W. Gurland, Jr. , J. Rodman Steele , Gregory M. Lefkowitz , and Karen Chuang Kline ; Kristina Caggiano of Washington, DC.

Before NEWMAN, PROST, and REYNA, Circuit Judges.

NEWMAN, Circuit Judge.

Contour Optik, Inc., a company of Taiwan, and sublicensee Aspex Eyewear, Inc. (collectively "Aspex") sued Zenni Optical, LLC for infringement of several United States patents for magnetic clip-on eyewear such as sunglasses. The district court held that Aspex is collaterally estopped from pursuing this suit, based on earlier litigation between Aspex and Altair Eyewear, Inc. for infringement of the same patents; decisions reported at Aspex...

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