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Int'l Seaway Trading Corp. v. Walgreens Corp., No. 09-1237

In plaintiff's design patent suit against Walgreens and another defendant involving shoes typically referred to as "clogs", district court's grant of summary judgment in favor of defendants in 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.   

Read Int'l Seaway Trading Corp. v. Walgreens Corp., No. 09-1237

Appellate Information

Appeal from:  United States District Court for the Southern District of Florida

Decided December 17, 2009


Before:  Bryson,   Clevenger, and Dyk,  Circuit Judges

Opinion by Dyk, Circuit Judge


For Appellant:   George L. Pinchak, Tarolli Sundhein Covell & Tummino LLP

For Appellee:    Mark P. Walters, Darby & Darby PC