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United States Federal Circuit


Aspex Eyewear, Inc. v. Marchon Eyewear, Inc., 2011-1147

In a patent infringement action concerning a patent directed to magnetic clip-on eyewear: 1) the district court's grant of summary judgment on res judicata grounds to the defendants is reversed with respect to products that were not at issue in the earlier actions and were not covered by the a settlement agreement; and 2) the case is remanded for further proceedings, including a determination as to whether products that one of the defendants introduced while the earlier action was pending were included within the scope of that litigation, and whether principles of collateral estoppel would have any effect of limiting the plaintiff's rights to proceed under the patent against the defendants.

Appellate Information

  • Decided 03/14/2012
  • Published 03/14/2012

Judges

  • Bryson

Court

  • United States Federal Circuit

Counsel

  • For Appellant:
  • Michael A. Nicodema, Edgar H. Haug

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