A blog about patent, copyright and trademark law in the U.S. District Court
for the Southern District of New York

Court Grants Summary Judgment Dismissing Design Patent Case

In a March 26, 2014 ruling by Judge Katherine B. Forrest, summary judgment was granted to High Point Design LLC and third-party defendants Meijer, Inc., Sears Holdings Corporation, and Wal-Mart Stores, Inc. dismissing defendant Buyer’s Direct Inc.’s design patent infringement counterclaims, based on the ordinary observer standard, holding the patent claims to be invalid due to anticipation, and also finding non-infringement.  Judge Forrest declined, however, to rule on the question of obviousness, as "the first two rulings are sufficient to dispose of the patent claims in this case."  The dismissal of defendant's patent claims also resulted in the related denial of defendant's motion for discovery in connection with those patent claims.  Judge Forrest also denied defendant's motion to amend its trade dress claim due to its untimeliness and as a result, granted plaintiff and third-party defendants' motion to dismiss defendant's trade dress claim, whic
h was deficiently pleaded.
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