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, which was deficiently pleaded.
