Maxwell v. J. Baker, Inc.

Susan Maxwell (plaintiff) patented a system connecting pairs of shoes together with loops and a filament, and licensed the system to Target, instructing Target to mark shoes with the patent number as required by 35 U.S.C. § 287(a). Target initially marked shoes inconsistently, but after Maxwell's notification, agreed to fully comply by November 1987; Maxwell continued to flag and request correction of marking errors afterward. J. Baker, Inc. (defendant), a competing shoe retailer, used a similar attachment system. A jury found Maxwell entitled to damages from November 1987 onward, when Baker was on constructive notice. Baker argued Maxwell had not achieved full compliance, since roughly 5 percent of the millions of shoes sold by Target remained unmarked, and moved for judgment as a matter of law; the district court denied the motion.