Federal Circuit Reinterprets Claims Based On Intrinsic Evidence

Disagreeing with a district court's interpretation that a "frame" in sunglasses included rims, the U.S. Court of Appeals for the Federal Circuit, in a non-precedential decision, reversed a district court's summary judgment of non-infringement as to one patent, but affirmed the grant of summary judgment of non-infringement as to two other patents. Aspex Eyewear, Inc. v. Altair Eyewear, Inc., Case Nos. 07-1380, -1407 (Fed. Cir., Aug. 1, 2008) (Michel, C.J.).

The patents-in-suit claim eyeglasses with auxiliary sunglasses that attach to the eyeglasses with magnets. Aspex Eyewear, Inc. (Aspex) and Contour Optik, Inc. (Contour), the assignee of the three patents-in-suit, sued Altair Eyewear, Inc. (Altair), alleging that Altair infringed. All of Altair's sunglasses that attach to the primary eyeglasses are rimless, with the bridge and earpieces attached to the lenses by pins.