District Court, D. Massachusetts October 12, 2011, Civil Action No. 10-12202-WGY (Aspex Eyewear, Inc. v. Altair Eyewear, Inc.)

MEMORANDUM

YOUNG, District Judge.

I. PRIOR PROCEEDINGS

This lengthy litigation began in 2002, when the plaintiffs, Aspex Eyewear, Inc. and Contour Optik, Inc. (collectively “Aspex”), filed suit under 35 U.S.C. § 271 against Altair Eyewear, Inc. (“Altair”) in the United States District Court for the Southern District of New York for infringement of three United States patents: Nos.