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United States Federal Circuit


Aspex Eyewear, Inc. v. Miracle Optics, Inc., 04-1265

Dismissal for lack of standing of plaintiffs' patent infringement action involving a patent for certain eyeglasses is vacated where one plaintiff was the owner of the patent at issue when the original complaint was filed, and thus had standing to sue.

Appellate Information

  • Decided 01/10/2006
  • Published 01/10/2006

Judges

  • LOURIE, Circuit Judge., Before LOURIE, Circuit Judge, ARCHER, Senior Circuit Judge, and GAJARSA, Circuit Judge.

Court

  • United States Federal Circuit

Counsel

  • For Appellant:
  • Michael A. Nicodema, Greenberg Traurig, LLP, of New York, New York, argued for plaintiffs-appellants.   With him on the brief was Barry J. Schindler.

  • For Appellees:
  • Jeffrey A. Schwab, Abelman, Frayne & Schwab, of New York, New York, argued for defendants-appellees.   With him on the brief were Michael Aschen and Anthony J. DiFilippi.   Of counsel were Mark N. Hurvitz and David B. Abel, Squire, Sanders & Dempsey LLP, of Los Angeles, California.
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