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Avia Group International, Inc. v. L.A. Gear California, Inc.
United States Court of Appeals for the Federal Circuit
853 F.2d 1557 (1988)
Avia Group International, Inc. (Avia) (plaintiff) was granted ornamental design patents that were to be applied to the outer sole and upper of an athletic shoe. Avia incorporated the design patents into a shoe that it marketed and sold to great success. L.A. Gear California, Inc. (L.A. Gear) (defendant) began selling shoes with striking similarities to the designs offered by Avia. As a result, Avia brought an infringement suit against L.A. Gear, claiming that Avia’s design patents were being infringed. L.A. Gear responded by seeking a declaratory judgment that Avia’s design patents were invalid as functional and obvious. Avia moved for summary judgment on the issue of patent validity, and the district court granted the motion. L.A. Gear appealed.
Rule of Law
Holding and Reasoning (Nies, J.)
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