Avia Group International, Inc. v. L.A. Gear California, Inc.
United States Court of Appeals for the Federal Circuit
853 F.2d 1557 (1988)
Relevant factsFree
Avia (plaintiff) held design patents on the outer sole and upper of an athletic shoe and sold a successful shoe using that design. L.A. Gear (defendant) began selling a strikingly similar shoe, prompting Avia to sue for infringement. L.A. Gear sought a declaratory judgment that Avia's patents were invalid as functional and obvious. The district court granted Avia summary judgment on validity, and L.A. Gear appealed.
IssueFree
Whether an original, ornamental, and nonobvious design of an article of manufacture is eligible for patent protection.