Ninth Circuit Court of Appeals Rules in Favor of VSP; Court Upholds Dismissal of Aspex Eyewear’s Lawsuit

Court affirms VSP’s right to refuse to do business with Aspex
Rancho Cordova, Calif., March 5, 2012 – VSP GlobalSM today announced that on March 1, 2012, the United States Court of Appeals for the Ninth Circuit affirmed the prior ruling of the California Federal Court which dismissed Aspex Eyewear’s lawsuit against VSP® Vision Care. With the case now dismissed, this ruling reaffirms the right of VSP to refuse to conduct business with companies who sue them, and in this case, Aspex Eyewear.  
Specifically, the Ninth Circuit Court affirmed the December 2010 ruling of the California Federal Court that dismissed Aspex's last surviving claim against VSP after Aspex conceded the dismissal of all of its earlier anti-trust and unfair competition claims that VSP successfully challenged as baseless.  
The Ninth Circuit Court’s decision is the third recent favorable court decision for VSP Global.  In September 2011, the Massachusetts Federal Court declared the last remaining patent claim that Aspex tried to assert against Altair® Eyewear as invalid and unenforceable. Two months later, the Florida Federal Court likewise dismissed Aspex’s patent infringement lawsuit filed against Marchon® Eyewear.   
“We are pleased with the Ninth Circuit Court’s ruling,” said Thomas A. Fessler, Chief Legal Officer and General Counsel for VSP Global. He further commented, “This court’s determination marks yet another favorable court decision against the multiple unsuccessful lawsuits Aspex Eyewear has brought against VSP and its affiliated companies.”
About VSP Global
VSP GlobalSM offers world-class products and services to eyecare professionals, employers, and more than 57 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