MIAMI -- In one of the cases in the ongoing patent infringement litigation between Aspex Eyewear and Concepts In Optics, Inc., Judge Robert L. Dube, U.S. Magistrate Judge in the U.S. District Court, Southern District of Florida, issued an Order of Permanent Injunction on February 7 that prohibits Concepts in Optics from “using, manufacturing, marketing, advertising, selling, offering for sale, importing or exporting, the infringing ‘Nino Balli’ magnetic clip-on eyewear; magnetic clip-on eyewear having the same structural design as the infringing “Nino Balli’ eyewear and any other magnetic clip-on eyewear which falls within the scope of claims 1 or 17 of U.S. Patient RE 37-345.”On February 13th, Judge Dube denied Concept in Optics’ emergency motion for a 20-day stay of the injunction.

Gary Lambert of Lambert & Associates, attorneys for Concepts in Optics, stated that the company is abiding by and will abide by the injunction pending the appeal that it filed on February 9.

Moreover, as the court noted in its Order, the injunction does not prohibit the sale of non-magnetic “Nino Balli” eyewear.