Rothy's, Inc. v. Birdies, Inc.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ROTHY’S, INC., Case No. 21-cv-02438-VC

Plaintiff,

ORDER DENYING DEFENDANT’S

v. MOTION FOR SUMMARY

JUDGMENT

BIRDIES, INC.,

Re: Dkt. No. 67 Defendant.

This is a patent dispute about shoes. Rothy’s has obtained design patents for some of its women’s loafers. A prominent aspect of the patents is the knitted design of those loafers. Another company, Birdies, began selling a knitted women’s loafer after Rothy’s received its patent protection. Rothy’s has now sued Birdies for patent infringement. In this early summary judgment motion, Birdies argues primarily that the patented designs are obvious, and therefore invalid, due to the presence of prior art. In describing the prior art, Birdies points primarily to its own women’s loafer marketed before Rothy’s obtained the patents. That loafer is made of calf hair and does not have a knitted design. Birdies is not entitled to summary judgment on invalidity. A reasonable jury could easily conclude that the calf hair loafer is not a primary prior art reference that could (when combined with other prior art) render Rothy’s design…