Litigation

Aspex Eyewear, Inc. v. Designers Eyewear Studio, Inc.

Markman opinion dated 2006-12-22

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Patents at issue (3)

Plaintiffs (1)

π Aspex Eyewear, Inc.

Defendants (1)

Δ Designers Eyewear Studio, Inc.

Summary

Markman opinion construed 'frame' and 'retaining mechanisms' in the '054, '811 and '896 patents.

Case overview & background

Plain-language overview of the case: parties, accused product, patents at issue, and why the suit matters.

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Key legal developments & outcome

Major rulings, motions, claim construction, settlements, and the present posture or final disposition.

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Plaintiff representatives

Counsel of record for the plaintiff(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).

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Defendant representatives

Counsel of record for the defendant(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).

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Record id: 6012811-aspex-eyewear-inc-v-designers-eyewear-studio-inc · edit in Admin

Further reading

What patent litigation actually costs (AIPLA Economic Survey)
It costs a few hundred dollars to file a patent complaint and a median of $1.5M-$3.2M to defend one through trial. That gap isn't a side effect of patent litigation — for a troll, it is the entire business model.
The America Invents Act (2011)
The AIA was the structural reform that gave defendants modern tools — IPR, broader prior art, joinder limits. The unfinished work is cost: AIA didn't make defense free, it made defense possible.
Markman v. Westview Instruments, Inc. (1996)
Claim construction is exclusively the court's job. The Markman hearing is the most consequential single ruling in nearly every patent case — and a defendant's best chance to end the litigation before trial.
Anatomy of a shakedown: how a patent troll campaign actually works
A patent troll demand letter isn't a lawsuit. It's the output of an industrial process designed to extract money at scale, calibrated to your defense costs, and dependent on you not coordinating with the other 199 targets in the same campaign.
Examples of NPE shell companies: how patent trolls structure their entities
The shell company is the patent troll's signature legal artifact. Knowing the structures lets you read the litigation strategy off the corporate filing.

All resources →