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The Intellectual Property StrategistColumns & DepartmentsIntellectual PropertyLitigationPatent Litigation

IP News

By Howard Shire and Stephanie Remy
February 01, 2023

Patent Infringement and Trade Dress In the Ninth Circuit

In Mosaic Brands, Inc. v. Ridge Wallet LLC, 55 F.4th 1354, 1357 (Fed. Cir. 2022), the United States Court of Appeals for the Ninth Circuit affirmed in part, reversed in part, vacated in part, and remanded a judgment from the United States District Court for the Central District of California.

Background

Mosaic Brands, Inc (Mosaic) sued Ridge Wallet, LLC (Ridge) for trade dress infringement under the Lanham Act. In addition, both Mosaic and Ridge accused the other of patent infringement. Mosaic asserted that Ridge infringed U.S. Patent No. 7,334,616 ('616 patent) and Ridge asserted that Mosaic infringed U.S. Patent No. 10,791,808 ('808 patent). Mosaic and Ridge both make similar money-clip wallets. The District Court granted Mosaic's motion for summary judgment and held that Ridge's patent was invalid. Additionally, the District Court granted summary judgement to Ridge on Mosaic's trade dress claim. Mosaic appealed the claim construction of the terms "lip" and "of varying thickness" for the '616 patent along with the summary judgment ruling against its trade dress claim. Ridge appealed the summary judgment holding as to its '808 patent.

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