Fed Circ. Won't Retread Crocs' Patent Win At PTAB

Law360 (February 18, 2021, 6:45 PM EST) -- The Federal Circuit on Thursday declined to revive footwear company U.S.A. Dawgs' long-running intellectual property dispute with Crocs, signing off on a Patent Trial and Appeal Board ruling in favor of the popular clog-shaped shoe manufacturer.

In a one-paragraph per curiam decision, the three-judge panel said the patent board was right to reverse a design patent examiner's ruling invalidating a Crocs Inc. patent. The examiner's ruling in U.S.A. Dawgs Inc.'s favor had found that the patent was anticipated by shoes Crocs had marketed as early as 2002, four years before it filed the patent. 

U.S.A. Dawgs has since declared bankruptcy, and...

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