High fashion eyewear company Revolution Eyewear, Inc., won a total victory in a patent infringement case filed against the company and its president, Gary Martin Zelman, by Aspex Eyewear, Inc. The U.S. District Court for the Southern District of Florida granted Revolution’s motion for summary judgment of non-infringement of United States Patent RE 37,545 (‘545 patent) in Aspex Eyewear, Inc., et al. v. Marchon Eyewear, Inc., et al., No. 09-61515. The Court ruled that Aspex was legally barred from pursuing its patent infringement claims against Revolution’s bottom-mounting magnetic clip-on eyewear. The Court also granted summary judgment in favor of the other defendants, which sell bottom-mounting eyewear under a license from Revolution.
Aspex has filed a number of lawsuits against Revolution and other fashion eyewear companies alleging infringement of patents acquired by Aspex. Revolution is thrilled with the victory and hopeful that its win will dissuade Aspex from filing further lawsuits and instead allow fair competition in the clip-on eyewear industry.
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