Judge Denies Warby’s Motion to Dismiss Opternative’s Breach of Contract Claim


NEW YORK—A federal judge on Aug. 7 denied a motion by Warby Parker to dismiss a breach of contract claim by Opternative in a previously-filed lawsuit over online eye tests. As VMAIL reported earlier, the suit, which Opternative filed in U.S District Court, Southern District of New York on Sept. 12, 2017 claims “breach of contract, misappropriation of trade secrets, unfair competition, specific performance” and “unjust enrichment” by JAND, Inc., doing business as Warby Parker.

The suit says previously signed non-disclosure agreements between the two companies involving Opternative’s online eye test, which debuted in July, 2015, and Warby Parker’s Prescription Check system, which launched in May, 2017, were breached.

However, in the recent decision, according to court documents, U.S. District Judge John F. Keenan granted Warby Parker's motion to dismiss the remainder of Opternative's claims of “unjust enrichment” and “misappropriation of trade secrets and unfair competition under New York law, misappropriation of trade secrets,” and “correction of inventorship.”

Judge Keenan has scheduled a status conference in the case on Sept. 18, 2018.