Decision Date: September 11, 2013 -

Court: Fed. Cir.

Patents: D598,183 -

Holding: Grant of summary judgment of invalidity REVERSED and REMANDED.

Opinion:

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).