Two years ago, eyewear framemaker Aspex filed suit against vision benefits titan Vision Service Plan under anti-trust and unfair competition claims that VSP had stolen Aspex’s patented technology and business. The initial claim and a subsequent appeal both were dismissed in courts.
The United States Court of Appeals for the Ninth Circuit last week affirmed the 2010 ruling of the California Federal Court, which dismissed Aspex Eyewear’s lawsuit against VSP. With the case now dismissed, VSP says this ruling reaffirms its right to refuse to conduct business with companies who sue them — specifically, Aspex Eyewear.