United States Federal Circuit

In plaintiff's design patent suit against Walgreens and another defendant involving shoes typically referred to as "clogs", summary judgment in favor of defendants finding that the claims of the asserted patents were invalid as anticipated by a patent assigned to Crocs, Inc. is affirmed in part, vacated in part and remanded as, although district court correctly held that the ordinary observer test is the sole test of invalidity, it erred, however, in failing to compare the insole patterns in plaintiff's patented designs to the prior art as part of an overall comparison of the designs.

Appellate Information

• Decided 12/17/2009
• Published 12/17/2009

Judges

Court

• United States Federal Circuit

Counsel