Quimbee logo
DMCA.com Protection Status
From our private database of 19,800+ case briefs...

Maxwell v. J. Baker, Inc.

United States Court of Appeals for the Federal Circuit
86 F.3d 1098, 39 U.S.P.Q.2d 1001 (Fed.Cir.1996)


Susan Maxwell (plaintiff) invented a system of attaching pairs of shoes together for sale in retail stores. The system consisted of loops secured inside each shoe and connected by a filament. Maxwell secured a patent for the system in November 1986. Maxwell instructed her licensee, Target, to mark the patent number on all shoes incorporating the system, as required by 35 U.S.C. § 287(a). Target failed to consistently mark the shoes, and Maxwell notified Target’s manufacturers. Thereafter, Target agreed to comply with the marking requirement fully by November 1987. At various times after November 1987, Maxwell notified Target whenever she found errors with the markings and requested corrections. J. Baker, Inc. (Baker) (defendant), a shoe retailer, instructed its manufacturers to utilize a shoe attachment system similar to the system disclosed in Maxwell’s patent. Maxwell sued Baker for infringement. A jury concluded that Maxwell was entitled to damages as of November 1987, when Baker was on notice of infringement based on Maxwell’s compliance with the patent marking requirements. Baker moved for judgment as a matter of law, contending that Maxwell had not fully complied with the marking requirements as of November 1987 because at least 5 percent of the millions of shoes sold by Target were not properly marked. The district court denied the motion. Baker appealed.

Rule of Law


Holding and Reasoning (Lourie, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 510,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 510,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 19,800 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial