Orthotic Device Receives Rigid Treatment

Addressing the issues of claim construction, the U.S. Court of Appeals for the Federal Circuit affirmed the district court’s grant of summary judgment of non-infringement to the defendants based on limitations to a claim element imposed by the tenets of the claim construction. Schoenhaus v. Genesco, Case No. 05-1278 (Fed. Cir. Mar. 15, 2006) (Michel, J.).

Drs. Schoenhaus and Jay sued Genesco Inc. and Johnston & Murphy, alleging patent infringement, misappropriation of trade secrets, conversion and unjust enrichment. Defendants Genesco and Johnston & Murphy moved for summary judgment with respect to the patent infringement claim. The patent-in-suit involved an orthotic device designed to prevent hyperpronation of the foot. The patent claims a deep rigid heel seat to cup the calcaneus. The district court granted the motion, finding no infringement based on its interpretation of the disputed claim language, and entered judgment in favor of the defendants.