Altair Eyewear, Inc. v. Aspex Eyewear, Inc. et al.
unknown- Docket:
- 07-1407
Listed in the patent record as Altair's cross-appeal, companion/consolidated with No. 07-1380. It was not independently confirmed.
Defendant
1 case as defendant.
Company overview. Aspex Eyewear, Inc. is a privately held, family-owned eyewear company founded in 1965 by Nonu Ifergan; the Ifergan family (Karen, Thierry, Yael) remains in ownership and management. It is a Delaware corporation with a U.S. principal place of business at 2755 SW 32nd Avenue, Pembroke Park/Hollywood, Florida, and head offices in Montreal, Quebec (with offices in Miami and France); the Canadian affiliate is Aspex Eyewear International Inc. / Lunettes Aspex International Inc. It is not publicly traded. Size estimates from third-party trackers vary widely — revenue figures range from roughly $9M to $36M and headcount from about 76 to 150 — so no single figure is reliable.
Products / operations. Aspex designs and distributes prescription eyewear and sunwear wholesale to optical retailers, describing itself as serving over 50,000 accounts in more than 80 countries. Its product lines center on eyewear technologies it has commercialized, including EasyClip magnetic clip-on eyewear, EasyTwist memory-metal frames, and the TurboFlex rotating-hinge frame family (including TurboFlex Kids); it also markets Takumi. This is a real operating business, not a shell.
Patent-litigation posture. All four tracked cases list Aspex as plaintiff and none as defendant, but it is not a classic non-practicing entity: it is an operating eyewear maker that enforces magnetic clip-on eyewear patents as exclusive licensee, with the patent owner (Taiwan-based Contour Optik, Inc.) typically joined or related. Asserted patents include U.S. 5,737,054, 6,012,811, 6,092,896 and RE37,545. Suits were filed in the District of Nevada, S.D.N.Y. (transferred to D. Massachusetts), S.D. Florida and elsewhere — not in the Eastern District of Texas.
Notable cases and context. Aspex Eyewear, Inc. v. Altair Eyewear, Inc. produced claim constructions holding "retaining mechanism" requires rims, defeating infringement; the '054 claim was later held invalid for obviousness. Those rulings then collaterally estopped Aspex Eyewear, Inc. v. Zenni Optical, LLC (Fed. Cir. 2013, 713 F.3d 1377). In Aspex Eyewear, Inc. v. E'Lite Optik, Inc., the Federal Circuit affirmed summary judgment that Aspex lacked standing as an exclusive licensee because its written license did not convey exclusive rights. Aspex Eyewear, Inc. v. Designers Eyewear Studio, Inc. proceeded to claim construction in 2006.
Listed in the patent record as Altair's cross-appeal, companion/consolidated with No. 07-1380. It was not independently confirmed.