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ASPEX EYEWEAR, INC. v. CLARITI EYEWEAR, INC.

No. 07 Civ. 2373(DC).

531 F.Supp.2d 620 (2008)

ASPEX EYEWEAR, INC. and Contour Optik, Inc., Plaintiffs, v. CLARITI EYEWEAR, INC., Defendant.

United States District Court, S.D. New York.

January 24, 2008.

Attorney(s) appearing for the Case

Collen Intellectual Property Law, P.C. by Jess M. Cohen, Esq., Jeffrey A. Lindenbeum, Esq., Matthew Clifton Wagner, Esq., Ossining, NY, Lerner, David, Littenberg, Krumholz & Mentlik, LLP by Russell William Faegenburg, Esq., Steven Louis. Procaccini, Esq., Westfield, NJ, for Plaintiffs.

Mintz Levin Cohn Ferris Glovsky & Popeo, P.C. by Kevin N. Ainsworth, Esq., Seth Robert Goldman, Esq., New York City, for Defendant.

MEMORANDUM DECISION

CHIN, District Judge.

On March 22, 2007, plaintiffs Aspex Eyewear, Inc. and Contour Optik, Inc. filed a complaint against defendant Clariti Eyewear, Inc. ("Clariti"), asserting two patent infringement claims. In its answer filed on. May 18, 2007, Clariti denied the allegations of patent infringement, raised sixteen affirmative defenses, and asserted counterclaims against plaintiffs for a declaratory judgment that it has not infringed...

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