Petition for certiorari filed at, 07/01/2014
Appeal from the United States District Court for the Northern District of Ohio in No. 12-CV-0684, Judge Patricia A. Gaughan.
RANDOLPH E. DIGGES, III, of Rankin, Hill & Clark LLP, of North Olmsted, Ohio, argued for plaintiff-appellant. With him on the brief were ROBERT A. SIDOTI. Of counsel was JONATHAN A. WITHROW.
PERRY J. SAIDMAN, Saidman DesignLaw Group, LLC, of Silver Spring, Maryland, argued for defendants-appellees. With him on the brief were ANDREW D. DORISIO and TREVOR T. GRAVES, King & Schickli, PLLC, of Lexington, Kentucky, and EDWARD D. MANZO and MARK J. MURPHY, Husch Blackwell LLP, of Chicago, Illinois.
Before RADER, Chief Judge, PROST and CHEN, Circuit Judges.
Prost, Circuit Judge .
MRC Innovations, Inc. appeals from a final judgment of the U.S. District Court for the Northern District of Ohio granting summary judgment of invalidity with respect to U.S. Design Patent Nos. D634,488 S (" '488 patent" ) and D634,487 S (" '487 patent" ). For the reasons stated below, we affirm.
MRC is the owner by assignment of both patents-in-suit. The '488 patent claims an ornamental design for a football jersey for a dog, while the '487 patent does the same for a baseball jersey, as shown below:
Mark Cohen is the named inventor of both patents; he is the principal shareholder of MRC and assigned his rights in both patents to that company. Appellee Hunter Manufacturing, LLP, is a retailer of licensed sports consumer products, including pet jerseys. Prior to September 9, 2009, Hunter purchased pet jerseys for dogs from Mark Cohen through companies with which he was affiliated. For example, Cohen supplied Hunter with a " V2" football jersey through the Stephen Gould Corporation and through Fun-in-Games, Inc. (" FiG" ). Similarly, Cohen supplied Hunter, through FiG, with a green pet jersey bearing a Philadelphia Eagles logo, which ...