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Design patents bolstered by the Federal Circuit

Eileen McDermott, New York

The Federal Circuit has overturned a ruling by the International Trade Commission that said that shoe designs mimicking the popular Crocs footwear did not infringe the company’s design patent

Lawyers say that the decision could encourage more IP owners to protect their innovations with design patents.

The case involved Crocs’ appeal from an ITC decision that shoes manufactured by Double Diamond Distribution, Effervescent Inc and Holey Soles Holdings did...

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