Shoes by Firebus LLC v. Stride Rite Children's Group, LLC, No. 19-1622 (Fed. Cir. 2020)
Annotate this CaseThe Firebug patents are generally directed to footwear illumination systems. According to the patents, while light-up shoes are not new to the industry, there are many possible structural designs. In some designs, the light sources are external to the footwear; in others, the lights are integrated into the shoes. The Firebug patents purport to disclose an improved structure for internally illuminated footwear. The patents describe footwear comprising a sole and an upper portion having three layers—a liner (the innermost layer), an interfacing layer, and a light-diffusing layer. The light sources are connected to the interfacing layer between the interfacing layer and the light-diffusing layer. The interfacing layer is reflective and maximizes the amount of light that exits through the light-diffusing layer. Stride Rite, Firebug’s competitor, filed an infringement suit. Stride Rite, in response, filed petitions for inter partes review of certain claims. The Patent Trial and Appeal Board found the claims unpatentable as obvious over prior art. The Federal Circuit affirmed. While the preamble of claim 1 of one patent limits the challenged claims to require textile footwear, the Board’s ultimate conclusion of obviousness is correct under the proper claim construction and any error was therefore harmless. The obviousness determination was supported by substantial evidence.
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