Facts

In May 2006, plaintiff DSW, a shoe retailer, informed defendant Shoe Pavilion, another shoe retailer, that defendant's shoe displays in some of its California stores infringed on DSW's patent. The patent is entitled, "Modular Footwear Display and Storage System and Method," U.S. Patent number 6,948,622. In response to plaintiff's allegations, defendant modified its design.

PLAINTIFF'S CONTENTIONS:
The plaintiff alleged that even with plaintiff's modified design, it was still infringing on their patent.

DEFENDANT'S CONTENTIONS:
The defendant moved for summary judgment, alleging that the shoe display did not infringe on the DSW patent. The defendant also argued that plaintiff was not entitled to damages, because plaintiff stopped all alleged infringing activity.

Damages

The plaintiff sought an unspecified amount of damages.

Result

Judge Florence Marie Cooper granted summary judgment in defendant's favor. The judge found that plaintiff's shoe display did not infringe on DSW's patent and that it was not liable to plaintiff for damages.

Other Information

The plaintiff filed a notice of appeal.