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Industry News

18 Oct 2017

Online Vision Test Provider Opternative Sues Warby Parker

Opternative Vision TestOpternative, a Chicago-based healthcare technology startup,  asserts claims of breach of contract, misappropriation of trade secrets, unfair competition, specific performance, and in the alternative unjust enrichment against Warby Parker.

Opternative developed a system whereby ophthalmologists generate an accurate corrective lens prescription using the company’s refraction technology: an online eye-exam a patient can self-administer from any location without the use of specialized equipment. Opternative launched its online refraction service to the public in US in July of 2015, following an extensive beta period spanning over one year and 1,500 users.

In 2013, Opternative connected with Warby Parker to discuss Opternative’s then in-development online refraction system and the potential for partnership. To enable these discussions, Opternative and Warby Parker entered into the first of three non-disclosure agreements.

Opternative’s system that was disclosed in confidence to Warby Parker is protected by at least U.S. Patent Nos. 9,237,842, 9,492,074, and 9,504,378, and embodies trade secret information. According to Opternative, Warby Parker has introduced its own Prescription Check system that is derived from Opternative’s system.

On May 23, 2017, Warby Parker launched a system and service marketed and offered under the name “Prescription Check” which operates in direct competition with Opternative’s online refraction system and service. According to Opternative, Warby Parker’s Prescription Check system bears substantial similarities to Opternative’s online refraction system.

Opternative and Warby Parker entered into three Non-Disclosure Agreements. According to Opternative, Warby Parker materially breached these three Non-Disclosure Agreements.

Warby Parker has untill 06 November to reply Opternative’s grievance or in any other case plead, corresponding to submitting a movement to dismiss.

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