Facts

Rothy's, Inc. is a designer and manufacturer of stylish flats that are made entirely of recycled or sustainable materials. Birdies, Inc. designs and manufactures chic shoes made for home entertaining that combine the support of a sneaker, the softness of a slipper, and the style of a do-it-all flat. Rothy's brought an action against Birdies, concerning Birdies's "The Original Knit Blackbird" shoe.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant used and continued to use the claimed designs of plaintiff's asserted design patents, without plaintiff's permission, on the accused product, that defendant made, used, offered for sale, sold, and/or imported into the United States, and thereby infringed plaintiff's patent.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions

Result

The parties reached a confidential settlement including a permanent injunction against defendant.