Federal Court Sides With VSP Vision Care; Dismisses Last Claim of Aspex Eyewear’s Lawsuit

Court findings show Aspex’s lawsuits against VSP have no merit
Rancho Cordova, Calif., January 5, 2011 – VSP GlobalSM today announced that on December 8th, 2010, the Honorable John A. Mendez of the United States District Court for Eastern California dismissed the last claim of Aspex Eyewear’s lawsuit against VSP® Vision Care, which was filed in March of 2010. The federal court’s ruling also affirmed the right of VSP Global and its companies to refuse to conduct business with companies who are suing them.
The judge found no merit to Aspex Eyewear’s remaining claim of breach of contract. Earlier this year, Aspex Eyewear withdrew the antitrust and other claims that were included in the lawsuit against VSP.
This is the latest in a series of favorable court decisions for VSP Global and its companies. In November, the United States District Court for the Southern District of Florida dismissed Aspex Eyewear’s entire patent infringement lawsuit filed against Marchon® Eyewear.  Earlier in the year, the United States Patent and Trademark Office issued a non-final decision invalidating the sole remaining patent claim in Aspex's lawsuit against Altair.
“We are very pleased with all of these decisions,” said Thomas Fessler, Chief Legal Officer and General Counsel for VSP Global. “The courts’ rulings are a clear victory for VSP and its companies and have shown that the multiple lawsuits filed by Aspex Eyewear against us lacked merit.”
Aspex Eyewear has filed appeals with the United States Court of Appeals in both the California and Florida cases.
About VSP Global
VSP GlobalSM offers world-class products and services to eyecare professionals, employers, and more than 55 million members through a group of leading companies providing comprehensive eyecare coverage, access to cutting-edge frame styles and brands, design of custom interiors and merchandising systems, innovative e-commerce and practice management solutions, and technologically advanced lab services. With the strength and experience of these companies behind it, VSP Global stands apart and delivers benefits, services, products and solutions that are unparalleled in the world-wide optical industry.




Jace Duval