Design Patent Case Digest: High Point Design LLC and Meijer, Inc., Sears Holding Corp. and Wal-Mart Stores, Inc. v. Buyers Direct, Inc.
- Tracy-Gene G. Durkin and David K.S. Cornwell
- Sterne, Kessler, Goldstein & Fox
Buyer’s Direct, Inc. (“BDI”) appealed from a final judgment of the United States District Court for the Southern District of New York holding BDI’s asserted design patent No. D598,183 (the “’183 patent”) invalid on summary judgment. BDI is the manufacturer of slippers known as SNOOZIES!®. The ’183 patent claims “the ornamental design for a slipper, as shown and described”, which discloses two different soles: a smooth bottom (shown in Figure 8 of the patent) and a sole with two groups of raised dots (shown in Figure 7).
High Point Design LLC (“High Point”) manufactures and distributes the accused FUZZY BABBA® slippers, which are sold through various retailers, including appellees Meijer, Inc., Sears Holdings Corporation, and Wal-Mart Stores, Inc. BDI sent High Point a cease and desist letter on June 22, 2011, asserting infringement of the ’183 patent. High Point responded by filing a complaint for declaratory judgment alleging (1) that the manufacture and sale of FUZZY BABBA® slippers did not infringe the ’183 patent and (2) that the ’183 patent is invalid and/or unenforceable.
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