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· 3/14/2012

Aspex Eyewear, Inc. v. Marchon Eyewear, Inc.

Citations

  • 672 F.3d 1335
  • 101 U.S.P.Q. 2d (BNA) 2015
  • 2012 WL 833896
  • 2012 U.S. App. LEXIS 5371

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that an independent claim including the limitation “magnetic member” includes ferromagnetic material in addition to a magnet, in light of dependent claim limiting “magnetic member” to a magnet
  • holding that, “as a general rule[,] preamble language is not treated as limiting.’’
  • observing that “‘adapted to’” is sometimes used in claim drafting to carry the broader meaning,” i.e., “‘suitable for’ rather than ‘made to’”
  • relying largely on figures to construe “free end” to mean extending rearwardly and unattached to part of frame
  • noting, in patent infringement case, the frequent admonishment that district courts are “not to issue sweeping injunctions against potentially infringing activities . . . , but to restrict the scope of the injunction to the particular adjudicated infringing activity”
  • looking to figures of the patent to establish a term’s correct construction

Source: CourtListener parenthetical corpus (CC0).

Judges: Rader, Bryson, Reyna

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.