Gaëtan Gerville-Réache and R. Michael Azzi, partners with the law firm Warner Norcross + Judd LLP, recently scored a patent win for Stride Rite Children’s Group LLC against competitor Shoes by Firebug LLC in the U.S. Court of Appeals for the Federal Circuit, which was recently highlighted in a Law360 article titled, “Fed. Circ. Won't Revive Patents For Light-Up Kids' Shoes.”
After being accused of patent infringement in 2016, Stride Rite challenged two Firebug patents for light-up kids’ sneakers, which the Patent Trial and Appeal Board (PTAB) invalidated after finding the claimed invention to be “obvious.” Firebug then filed an appeal, arguing that the PTAB did not properly consider the preamble of the claimed invention. While the Court of Appeals agreed with respect to one of two Firebug patents, the Court of Appeals determined that the preamble, even if properly considered, would not have changed the outcome, and the Court of Appeals affirmed the cancelation of both patents by the PTAB.
Warner’s Litigation and Dispute Resolution Practice Group take the guesswork out of litigation and tailor legal strategies that meet the specific needs of each client. Law 360 subscribers can read the full article here.
