International Seaway Trading Corp. v. Walgreens Corp.

589 F.3d 1233 (2009)

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International Seaway Trading Corp. v. Walgreens Corp.

United States Court of Appeals for the Federal Circuit
589 F.3d 1233 (2009)

  • Written by Jack Newell, JD

Facts

International Seaway Trading Corporation (Seaway) (plaintiff) was a shoe importer and manufacturer. Walgreens Corporation (defendant) was a seller of shoes, including shoes imported by the shoe importer Touchsport. Seaway brought suit against Walgreens in federal district court, claiming Walgreens had infringed on Seaway’s design patents for clogs by selling clogs imported by Touchsport. In response, Walgreens filed a motion for summary judgment, which asserted the Seaway design patents were anticipated by the design of Crocs clogs and were therefore invalid. The district court granted the motion, finding that the Seaway clogs looked substantially similar to Crocs under the ordinary-observer test used for anticipation and infringement of design patents. Seaway appealed to the United States Court of Appeals for the Federal Circuit.

Rule of Law

Issue

Holding and Reasoning (Dyk, J.)

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