Overview
After being brought into ongoing design patent infringement and trade dress litigation seeking to block sales of client High Point Design’s Fuzzy Baba® slipper sock products, we re-strategized the case on remand after prior counsel's grant of summary judgment was reversed on appeal. We identified new dispositive issues, revised prior arguments, and obtained the district court’s permission to pursue new summary judgments of patent invalidity and non-infringement and dismissal of the trade dress claim prior to commencing discovery. The district court granted summary judgment of non-infringement and dismissed the case in High Point’s favor. The dismissal of the case was confirmed on appeal to the Federal Circuit.References
High Point Design LLC v. Buyer's Direct, Inc. (S.D.N.Y.; Fed. Cir.).