Judge Again Grants Summary Judgment For Defendant In Lens Patent Infringement Case

( October 1, 2026, 2:04 PM EDT) -- GREEN BAY, Wis. — For the second time, a Wisconsin federal judge has granted summary judgment of invalidity to a defendant eyeglass company, this time analyzing under the clear and convincing evidence standard required by the Federal Circuit U.S. Court of Appeals after it vacated the judge’s earlier grant of summary judgment; the appeals court said in October 2025 that the judge was wrong to apply issue preclusion based on prior findings from the U.S. Patent Trial and Appeal Board (PTAB) when granting summary judgment because PTAB uses a different standard of proof from the one required for district courts....