The Other Shoe Drops

High Point Design LLC v. Buyers Direct Inc.

Case Number: 1:11-cv-04530 (Dkt. 121)

Judge Forest found a design patent covering fuzzy slippers to be anticipated and not infringed at summary judgment. The court had previously found the claims obvious, but the Federal Circuit remanded. In light of the court’s new findings, the court declined to decide on the patent’s obviousness.

The court also denied patentee’s motion to amend its infringement of trade dress claim. It said that after the patentee was on notice that its pleading of this claim was deficient, it had failed to amend its pleading pursuant to the case management order. 

Related document 1:11-cv-04530 (Dkt. 124) 

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