On September 11, 2013, the Court of Appeals for the Federal Circuit reiterated certain standards for determining invalidity of design patents. In High Point Design LLC v. Buyer’s Direct, Inc., Case No. 2012-1455, plaintiff Buyer’s Direct, Inc. (“BDI”) claimed that Defendant High Point Design (“HPD”) infringed its design patent and its trade dress in a fuzzy slipper design.
The slipper protected by BDI’s patent (U.S. Design Patent No. D598,183 (the “‘183 patent”)) is embodied in its product called SNOOZIES®. A photo of the SNOOZIES® slippers and drawings from the ‘183 patent depicting the protected slippers are...
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