District Court Erred In Granting SJ Of Invalidity For Design Patent Based On Obviousness And Functionality

In High Point Design LLC v. Buyer's Direct, Inc., No. 12-1455 (Fed. Cir. Sept. 11, 2013), the Federal Circuit reversed the grant of SJ of patent invalidity based on obviousness and functionality, vacated the dismissal of trade dress claims, and remanded for further proceedings.

Buyer's Direct, Inc. ("BDI") is the owner of U.S. Design Patent No. D598,183 ("the '183 patent") and manufacturer of SNOOZIES® slippers, and High Point Design LLC ("High Point") manufactures and distributes FUZZY BABBA® slippers. After BDI sent a cease and desist letter to High Point asserting infringement of the '183 patent, High Point filed a DJ action alleging (1) that the manufacturing and sale of the accused slippers did not infringe the '183 patent, and (2) that the '183 patent was invalid and/or unenforceable. BDI counterclaimed for infringement of the '183 patent and the trade dress found in BDI's SNOOZIES® slippers. High Point moved for SJ of invalidity and noninfringement of the