LICENSOR AND SUBLICENSEE OF EYEWEAR PATENTS WERE COLLATERAL ESTOPPED FROM ASSERTING THEIR INFRINGEMENT CLAIMS

摘要

The licensor and sublicensee of patents directed to clip-on eyewear were collaterally estopped from relitigating infringement of the patents against a competitor's products, based on earlier litigation between the licensor and sublicensee and a different competitor. The claims at issue in the second litigation contained the same "retaining mechanism" term that was construed in the first litigation as requiring rims, and that construction was determinative of noninfringement by the competitor in the second suit. This was true even if additional claims in the second suit contained additional terms that were not previously construed. See Aspex Eyewear, Inc. v. Zenni Optical LLC, 106 U.S.P.Q.2d 1488, 2013 WL 1693956 (Fed. Cir. 2013).