{W3738247.1}
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
)
POLLIWALKS, INC. )
)Plaintiff, )
)
v. ) Civil Action No.________________ )
BBC INTERNATIONAL, LLC and ) JURY TRIAL DEMANDED
FAMILY DOLLAR STORES, INC. )
)Defendants. )
)
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff, Polliwalks, Inc. (“Polliwalks”), by its undersigned counsel, for its complaint
against BBC International, LLC (“BBC”) and Family Dollar Stores, Inc. (“Family Dollar ”, and
collectively with BBC, “Defendants”), states as follows:
NATURE OF ACTION
1. This is an action for patent infringement arising under the Patent Laws of the
United States, 35 U.S.C. §1 et seq.
THE PARTIES
2. Polliwalks is a corporation organized and existing under the laws of the
Commonwealth of Massachusetts and has its principal place of business in the Commonwealth
of Massachusetts.
3. Upon information and belief, BBC‟s has offices in Randolph, Massachusetts and
Boca Raton, Florida. BBC purports to be a full service footwear supplier.
Case 1:13-cv-11442 Document 1 Filed 06/14/13 Page 1 of 7
{W3738247.1}
2
4. Upon information and belief, Family Dollar (NYSE: FDO) purports to be a small-
format convenience and value retailer with over 7,600 stores in 45 states, including more than
100 stores in the Commonwealth of Massachusetts.
5. Upon information and belief, Defendants offer to sell products, and, in fact sell
products throughout the United States, including in this judicial district and introduce products
that infringe one or more claims in United States Patent No. 8,371,043 (the “ „043 Patent”) and
United States Patent No. 8,371,044 (the “ „044 Patent”) into the stream of commerce knowing
that they would be sold in this judicial district and elsewhere in the United States.
JURISDICTION AND VENUE
6. This is an action for patent infringement arising under the Patent laws of the
United States, Title 35 of the United States Code.
7. This Court has jurisdiction over the subject matter of this case under 28 U.S.C.
§§1331 and 1338(a).
8. Venue is proper in this judicial district under 28 U.S.C. §§1391 and 1400.
9. Joinder of BBC and Family Dollar in this action is proper as BBC manufactures,
imports into the United States and markets to Family Dollar its infringing products which
infringing products Family Dollar markets and sells to consumers in this judicial district all as
part of the same transaction or series of transactions concerning the same infringing products.
COUNT I
(Infringement of the ‘043 Patent
)
10. Polliwalks hereby incorporates paragraphs 1 through 9 by reference as though set
forth fully herein.
11. On February 12, 2013, the United States Patent and Trademark Office (the
“USPTO”) duly and legally issued the „043 Patent. Polliwalks owns the entire right, title and
Case 1:13-cv-11442 Document 1 Filed 06/14/13 Page 2 of 7
{W3738247.1}
3
interest in the „043 Patent and such ownership rights are confirmed by assignments recorded in
the USPTO. A true and accurate copy of the „043 Patent is attached hereto asExhibit 1.
12. BBC makes, imports, uses, sells or offers for sale a three-dimensional sculpted
shoe featuring a “Spiderman” character and spider web (the “Infringing Product”) that infringes
one or more claims of the „043 Patent.
13. Family Dollar uses, sells, offers for sale to consumers, the Infringing Product that
is sold to Family Dollar by BBC. True and accurate photographs of the Infringing Product are
appended hereto as Exhibit 2.
14. BBC has also infringed one or more claims of the „043 Patent by knowingly and
actively inducing others to infringe, by contributing to the infringement of others, including but
not limited to Family Dollar, and by intentionally aiding, assisting and encouraging the
infringement by others, including but not limited to Family Dollar through the sale, offer for sale,
manufacture and use of the Infringing Products.
15. Defendants were made awar e of the „043 Patent and their infringement thereof at
least as early as its receipt of correspondence from counsel for Polliwalks providing notice of the
„043 Patent and Defendants infringement thereof which was sent to each of the Defendants on or
about May 23, 2013. The letters were sent United States Priority Mail with a tracking number.
BBC responded to these letters and thereby confirmed the receipt thereof.
16. Upon information and belief, since at least the time Defendants received notice,
Defendants have induced and continue to induce others to infringe at least one claim of the „043
Patent under 35 U.S.C. §271 (b) by, among other things, and with specific intent or willful
blindness, actively aiding and abetting, others to infringe, including, but not limited to,
Case 1:13-cv-11442 Document 1 Filed 06/14/13 Page 3 of 7
{W3738247.1}
4
Defendants‟ customers, whose use, and on the part of retailers, sale, offer for sale and use of the
Infringing Product constitutes direct infringement of at least one claim of the „043 Patent.
17. In particular, Defendants‟ actions that aid and abet others such as their
distributors, partners and/or customers to infringe include advertising and distributing the
Infringing Product. Upon information and belief, Defendants have engaged in such actions with
specific intent to cause infringement or with willful blindness to the resulting infringement
because Defendants have had actual knowledge of the „043 Patent since at least the date
Defendants received notice from Polliwalks‟ counsel notifying Defendants of their infringement
of the „043 Patent.
18. Despite Polliwalks‟ counsel‟s notice regarding the „043 Patent, Defendants have
continued to infringe the „043 Patent. On information and belief, Defendants‟ infringement has
been and continues to be willful.
19. Polliwalks has been harmed by Defendants‟ infr inging activities.
COUNT II
(Infringement of the ‘044 Patent
)
20. Polliwalks hereby incorporates paragraphs 1 through 19 by reference as though
set forth fully herein.
21. On February 12, 2013, the USPTO duly and legally issued the „044 Patent.
Polliwalks owns the entire right, title and interest in the „044 Patent and such ownership rights
are confirmed by assignments recorded in the USPTO. A true and accurate copy of the „044
Patent is attached hereto as Exhibit 3.
22. BBC makes, imports, uses, sells or offers for sale the Infringing Product that
infringe one or more claims of the „044 Patent.
Case 1:13-cv-11442 Document 1 Filed 06/14/13 Page 4 of 7
{W3738247.1}
5
23. Family Dollar uses, sells, offers for sale to consumers, the Infringing Products
that are sold to Family Dollar by BBC. See Exhibit 2.
24. BBC has also infringed one or more claims of the „044 Patent by knowingly and
actively inducing others to infringe, by contributing to the infringement of others, including but
not limited to Family Dollar, and by intentionally aiding, assisting and encouraging the
infringement by others, including but not limited to Family Dollar through the sale, offer for sale,
manufacture and use of the Infringing Products.
25. Defendants were made aware of the „044 Patent and their infringement thereof at
least as early as its receipt of correspondence from counsel for Polliwalks providing notice of the
„044 Patent and Defendants infringement thereof which was sent to each of the Defendants on or
about May 23, 2013. The letters were sent United States Priority Mail with a tracking number.
BBC responded to these letters and thereby confirmed their receipt thereof.
26. Upon information and belief, since at least the time Defendants received notice,
Defendants have induced and continue to induce others to infringe at least one claim of the „044
Patent under 35 U.S.C. §271 (b) by, among other things, and with specific intent or willful
blindness, actively aiding and abetting, others to infringe, including, but not limited to,
Defendants‟ customers, whose use, and on the par t of retailers, sale, offer for sale and use of the
Infringing Product constitutes direct infringement of at least one claim of the „044 Patent.
27. In particular, Defendants‟ actions that aid and abet others such as their
distributors, partners and/or customers to infringe include advertising and distributing the
Infringing Product. Upon information and belief, Defendants have engaged in such actions with
specific intent to cause infringement or with willful blindness to the resulting infringement
because Def endants have had actual knowledge of the „044 Patent since at least the date
Case 1:13-cv-11442 Document 1 Filed 06/14/13 Page 5 of 7
{W3738247.1}
6
Defendants received notice from Polliwalks‟ counsel notifying Defendants of their infringement
of the „044 Patent.
28. Despite Polliwalks‟ counsel‟s notice regarding the „044 Patent, Defendants have
continued to infringe the „044 Patent.
29. On information and belief, Defendants‟ infringement of the ‟044 Patent has been
and continues to be willful.
30. Polliwalks has been harmed by Defendants‟ infringing activities.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff Polliwalks demands judgment for itself and against the
Defendants, as follows:
A. An adjudication that Defendants have infringed the „043 Patent;
B. An adjudication that Defendants have infringed the „044 Patent;
C. for injunctive relief, both preliminary and permanent, enjoining Defendants, and their
officers, directors agents, servants, employees, and all their entities and individuals
acting in concert with them or on their behalf from further infringement of either the
„043 Patent and/or the „044 Patent;
D. An Award of damages to be paid by Defendants adequate to compensate Polliwalks
for Defendants‟ past infringement of either the „043 Patent and/or the „044 Patent,
and any continuing or future infringement through the date such judgment is entered,
including interest, costs, expenses and an accounting of all infringing acts;
E. for an award of enhanced damages resulting from Defendants‟ willful infringement of
the „043 Patent, pursuant to 35 U.S.C. § 285;
Case 1:13-cv-11442 Document 1 Filed 06/14/13 Page 6 of 7
{W3738247.1}
7
F. for an award of enhanced damages resulting from Defendants‟ willful infringement of
the „044 Patent, pursuant to 35 U.S.C. § 285;
G. for an award of attorneys‟ fees pursuant to 35 U.S.C. § 285 based on, but not limited
to, Defendants‟ willful infringement of the „043 Patent;
H. for an award of attorneys‟ fees pursuant to 35 U.S.C. § 285 based on, but not limited
to, Defendants‟ willful infringement of the „044 Patent;
I. for an award of costs, pre-judgment and post-judgment interest on any damages
awarded, pursuant to 35 U.S.C. § 284 and other applicable law; and
J. for such other and further relief as the Court deems just and reasonable.
DEMAND FOR JURY TRIAL
Pursuant to Fed. R. Civ. P. 38, Polliwalks hereby demands a trial by jury in this action on
all claims and issues so triable.
Respectfully submitted,
POLLIWALKS, INC.,
By its counsel,
Dated: June 14, 2013
/s/ Jeffrey E. FrancisJeffrey E. Francis, BBO #639944
Joseph Maraia (BB) # 650569)
[email protected] ATWOOD LLP
100 Summer Street
Suite 2250
Boston, MA 02110(617) 488-8136
Case 1:13-cv-11442 Document 1 Filed 06/14/13 Page 7 of 7
Case 1:13-cv-11442 Document 1-1 Filed 06/14/13 Page 2 of 11
c12) United States Patent
Rusnak
(54) SHOES
(75) lnvl'ntor: ,Jol.'l Rusnuk, Newburyport, MA (US)
(73) Assignee: l'nlliwulks, Inc . Sudbury, MA
(US)
( *)
Notice: S u b j c ~ : t to
any t l i ~ c l a i m e r , the term of this
patent is ~ ~ x t c • n d e d
or adjusted umkr 35
U.S.C. 154(b)
by tJOS days.
This patent is subject to a terminal dis
claimer.
(21) Appl. No.:
12/184,417
(22) Fil(.'d:
AnA. I, 2008
(65)
(60)
(51)
(52)
(58)
(5o)
Pt'inr Publlcntion Dnta
US
2009/0031587 A 1 Feb.5, 2009
Related U.S. Appllcutlun Dahl
l'rovisionul application No. 61/075,778, likd ou Jun.
26,
2008, provisional application No.
60/953,246,
liled nn Aug. I, 2007.
Int. Cl.
A43IJ 23/00 (2006.01)
U.S. Cl .. ......... .......... ......... .... :Hi/11.5; 36/136; 36/4
Fll•ld of Classllicnllon Sl! l l l 'd l .................... 36/112,
3o/ 136, 4,
11.5; 12/142 S, 142 RS; D2/897 - ~ N 9 ,
D2/tJ48-952
Sec applicution !11c l(x wmpletc search history.
Jlcfl'I'I.'!ICCS
Citl•d
U.S. PATENT
DOCUMENTS
'l.lS,I79 A
*
J,I5H,55S A *
3,402,485 ;\ *
3,538,628 A
3,906,6,12 A
4,050,167 A <·
4,0S(),I6S A <·
4,279,049 A •
IOil 890 <)tllurio ......................... I 0 I I O<j
111196,1 Bingham, Jr ...... ...... ...... . 205;72
911968 Mc1vlorrow ....... ........ .... 36125 R
I l/1970 Einstein, Jr.
')/ 197 5 Cohen
9!1 977 Sente r ............ ............... J6/32 R
911977 Pac..- ............
...
......
..
......
..
.
36/136
711981 Coiquaud .................... 12/142 S
111111111111111111111111111111111111111111111111111111111111111111111111111
CN
CN
US008371043B2
(tO) Patent
No.: US 8,371,043 B2
*Feb. 12,201345) Date
of
Patent:
[)260,'1•17 s
!)261,195 s
0282,309 s
D282,3l0 s <·
1)290,062 s
5,331,753 A *
5,465,507 A ''
D36o,752 s
911 t)H I
Grccnblall
d
at.
t0/1<181
Wd6s
t/1986 Valori
l/11)86
Valori
............................ D218<J9
611987 Vak>ri
711994 Hodibaugh ..................... 361136
I tll995 Sdnunadwr cl al. ........ 36130 R
211996 Slwnnnn
(('ontinued)
FOREIGN P:\Tl\NT DOCUMENTS
2618470 y 612004
272445:> y 912005
(Continued)
OTHER PlJBI.lC;\TIONS
Onlinu wcbpagc,
Crocs Footwear, Crocs,
Inc.
(Niwot, Colorado);
Downlon(kd Aug. I, 2007, http:llshop.crocs.comlc-<1-Footwcar.
a s p x ' ! n : q i d - 4 & r c q l ' r o d ' l y p d d - 4 & s u b s c c t i o n n a m c ~ f o o t w c a r .
Primm:t• Hxamiuer --- Murie PuttL·rsou
(74) Allonn:P. Agent. ur Firm -- Antoinetle
Cl.
Ciiugliano;
AGO Intellectual Property Law
(57)
ABSTRACT
The present invention rdates to a molded shoe featuring u 3
dimensional ligure (e.g., an animal
OJ'
character). The shoe
has
a sole having a bottom
surliJCe
thnt comprises a series of
projections and recesses that
lorm a print lbr an animal or
character, to therl!by obtain an imprinting surlhee; and
an
upp<'t', attach<'d
to the sole, having an outer surllJCc thutl:nm
prises 11 series or projedions and fCCl'SSCS that lcll'lll
H three
dimensinnnl llgure (e.g., an animal figure or a character fig
ure). The sole and upper are suhstantially l(mned fmm
molded plastic: the projections nnd recesses of
the animal
imprinting surl\u:c allow 0111.) wearing till'
:dwe
tn nwke
imprints on a son surlhce. and the three dimensional Hgme on
the outer surlttee of the upp(.'r relates to the print of the
imprinting surlltcc. The methods or the present invention
tiJrther im:ludc making imprints with the bollom surlht:e ol'
the shoe.
15 Clulms, 4 Dt·awing Slll'L'Is
Case 1:13-cv-11442 Document 1-1 Filed 06/14/13 Page 3 of 11
US
8,371,043 B2
Page 2
lJ.S. PATENT DOCUMENTS
D517,7St) S
J/21JOo
Seamans
1)5 17,790
s
:112006
Sc...•amatts
DJ78,009 s
+
211997 Sullivan
cl nl. ................
])2/917
D521,217
s
5!200(1
l\'lochring cl
a!.
1)381,795 s 811997
Coals
D525,0 17 s 7/2006 Ochoa
[)393,937 s
..
511998 Henson ..........................
D2tX!JlJ
1)525,419
s 712006
Scallwns
1)31)4,137 s
511!)1)8
Nn<ld
} ) 5 2 9 , 2 6 : ~
s
10i2006
\Volt'
5,765,300 A
611998
Kianka
])532,188 s
111200(\
McCiaskic
])397,541
s
•
9/1998 Hen"lll ..........................
J)21S')t)
7,146,751 Bl
12/2()()(\
Seamans
s . ~
,\
911998
Bisconli
})5:15,088 s 112007
Seamans
5,837,17<1
A
11/1991:\ Bisconli
D541,c\81 s
(ii2007
McOuthy
5,X68,981
A
21 1')9')
His.:onli
D544,182 s
612007 :vtcCiaskic
5,974,69<1
A
llii9CJ<)
Wcchiola
1)547 .540 s
712007 ivladcrspac h
5,'iSO,J51
A
t II 1999
lvkCook
D549,434 s
W2007 S<.'lllllllllS
))418,663
s
l/2000 Senit'
D5o7 ,4S2 s 4/2008 !loy!
!)422,778 s
4/2000
Yang
D604,0:H s
tl•
1112009
Amkrscn d at. ..............
[)21')52
()423,197 s 4/2000
Yang
2002100Klri23
AI*
712002 .ltlscph
............................
361122
Ci,OSO,O:l3
;\
"'
0/2000 Fladwood cla l. .............. 446/2Ci
200210 I6Ci25X
AI''
1112002 l'osn
36111.5
(\,IS9.240
Bl *
212001 Cowgill <.1
a!.
................. _16/112
20(J4!02:lll90
AI
I 112004
Se-amans
D479,.\S6 S
"
912003
Gebhard!
.......................
D2r8'iX
2006
1
00,1X•I07 AI* .1/2006
Seatnans .........................
.161.1 R
IJ4X7
,(> 14 S
.1/2004
I.e
200710130797
t\
I
6/2007 Seamans
D•IX9,516 S
5/200<1 (Jcbhanll
D490,21S S 5/20!H
(iebhardl
FOREIGN PATENT DOCUMENTS
D49S,03S S 11/2004 Gebhard!
CN
2761006 y
D49X,907
S
1112004 Gebhard! ct nl.
FR
2343395
9/1977
D49S,90S S 1112004 Gebhardt cl nl.
wo
\YO
tl2/052972
7!2002
6,957.504 132
10/2005
:-.-t(Jrris
wo
\YO 20tW06455Ci A2
X/2004
6,993,858
B2
212006 Seamans
D517,7l>X S .112006
Scamnns
* cited by examiner
Case 1:13-cv-11442 Document 1-1 Filed 06/14/13 Page 4 of 11
U.S. Patent
Feb.12,2013 Sheel l of4
US
8,371,043 B2
;::I
Case 1:13-cv-11442 Document 1-1 Filed 06/14/13 Page 5 of 11
U.S. Patent Feb. 12, 2013 Sheet 2 of 4
us 8,371,043 82
Case 1:13-cv-11442 Document 1-1 Filed 06/14/13 Page 6 of 11
U.S. Patent Feb. 12, 2013 Sheet 3 of 4
US 8,371,043 B2
Case 1:13-cv-11442 Document 1-1 Filed 06/14/13 Page 7 of 11
U.S.
Patent
Feb. 12,2013
Sheel 4
of
4
US 8,371,043 B2
~ I
Case 1:13-cv-11442 Document 1-1 Filed 06/14/13 Page 8 of 11
us 8,3 71 ,043 82
1
SHOES
RELATEDAl'l'LICATION
This application claims tho hcncflt of U.S. Provisional
Application
No.
61/075,778 entitled "Sl (01\S" by Joel Rus
nuk, l11ed on Jun. 26,
2008.,
and
U.S.
Provisional Application
No. 60/95:'\,246, entitled "ANIMAL PRINT l'vL•\KlNG
SHOES" by Joel Rusnak, liled on Aug. I, 2007.
2
series of pwjcrtions and recesses, as described herein, inde
pendent of tlw
prints on
tho
bottom
surliu.:c
of tho shoe.
Similarly, an embodiment of the present invention indudcs
the series of projections and
I'L'Cesscs
that make the imprint
(e.g., unimnl imprint) on
tho
hollom surlitce nfl hc sole, inde
pendent nf tho throe dimensional figure of
the
up1wr. In yet
another embodiment, tho present invention rl'lutcs tn a shoo
that has both.
Tlw present invention further includes methods ornwking
Tlw entire teachings oft he ubovc upplieatiuns arc incorpo
rated lwrcin by rdcn.•nc<:.
BACKGROUND OF Till\ INVI\NTION
Shoes
for
children many I imes can lnck a fun tlwme nnd/or
three dimensional design. Children enjoy exploring
nnd
lemning about new things. In pmticular, many children have.:
a love
of
animals and
c.:harac.:t<-rs.und
like to learn abnut them.
tu an
im))l'int on a ~ m f a c e with a mnld1.'d shoe, as described
lwrcin. Tho methods
i n c . : J u d L ~
sk'pping
on
tho surlitce with a
molded shoe ol'
tho present invention,
liS
described herein.
Tho surlhce
is
u soft surlhce !hut indudcs dirt, mud, sand or
clay.
In an
embodiment, tho mc:thod further includes coating
A need exists lor shoes that have three dimensional, fun
themes.
l
n purticular, nnecd exists !'or shoes thnt have a three
dimensional nnimal or clmracter ligure integrated into them.
A f u r t h t ~ r nL'<:d exists to make n three dimension animal!
character shoe
!hut abo
makes imprints.
15 the
bottom surHK·c with a printnwking snlutinn, and stepping
on to n surliwe like paper to make imprints. In
yet
anotlwr
cmbodinwnt, the method indudcs
Wl'tl
ing the
bottom
surlill'l'
ol'lhe shoe and stoppingon a dry surlitre tu make tho imprints.
The present invention hus several (ldvantagcs. Children ran
"" now
enjoy shoos
with
three dimensional animals
o1·
ligures
integrated within tho shoo.
At
the same tinic, children can
learn and/or make !bot prints
of
tho animnl or chllmcter while
wearing the shoe.
SUMMARY OF THE INVENTION
25
The present invention relates to a
molded shoe featuring u
3 dim,•nsional ligure. The shoe
hns
a sole having, a bottom
surli1ce that comprises a series of projections and recesses
(e.g., < . ~ n n t o u r s ) that lhrm a print (e.g.,
un
unimal print, which 311
include animal {(Jotprints or animal trat·ks), to thereby obtain
an
imprinting surlitce. The shoe further includes
an
upper,
a!lachcd to the snle, having an outer surlhce that comprises a
series of projections ami recesses that
R1rm
a thrL'c <limcn
sional ligurc (e.g., an animal Jigme, charm.:ter llgurc, or u 35
figure that rcl1ccts a person's likeness). The recesses and
projections or tho
ligure of the upper is integrated with
the
sole, and
the.:
depth
of
tho projections,
r e < . • < . • s s ~ . · s ,
or both of tho
upper range between e.g., about 2
uun
to about 20
mm
(pref
cmblv between about 3 mm and about 10 mm). The snlc und 40
uppe;·, in nn aspect, arc substHntially or fully limned li·nm
molded plastic.
Also,
tho projections and rocesses
or the
imprinting surlhce (e.g., animal imprinting surlilcc) allow one
wearing the shoo to nwkc imprints on a sol\ surlhce or hard
surli.tce when sole is wet. l'rclcntbly, and the ligurc on tlw 45
outer u r l ~ t c c
of tlK•
upper rclntcs to, corrc;;pnnds to, or oth
erwise correlates with the print
of he imprinting surlhcc. The
molck•d plustic, in m1 embodiment. made of recyclable mntc-
rinl and is recyclable. In an aspect, the figure is an animal
ligure or a 3-dimemional character ligure. The animalllgure so
of
tho
upper includes e.g., a ladybug, an nlligntor. n frog, a
duck. a dinosaur, bugs (e.g
.
a
11rdly
and a bee). a turtle, a
pantlwr and
l1sh.
In one aspect, tho animal imprinting surlhcc can be of
1\mtp!'ints or the unimal ligurc that llmns tho upper. 'lllc ss
imprinting surlhce has projections, recesses, or both that lwvc
a depth
that
rang,cs between about 2 nun
to
about I 0
111111
(e.g
.
between about 2mm nnd 5mm) to thereby obtuin an imprint-
BIO!W DESCRIPTION OF THE DRAWINUS
The foregoing and ollwr objects, !Catmcs and advantngcs
of tho
invention will be npparcnt from tho lbllowing more
particular description of preferred embodimentsof he inven
tion, ns illustrated in the accompanying drawings in which
like rclcrence dliil'llctcJ>
refer to
the
same parts throughout
the
dill'c:rent
vil•ws.
'!'he drawings arc
not
ll\.'\.'essarily to scak.
emphasis instead being
plm;cd
upon illustrating tho principles
nl'thc invention.
FIG. lA-IC arc schematic.: dwwings of a side view. bottom
view
nnd
a back view, respcctively,of'a molded shoe featuring
a ladybug.
FIG. 2A-1C
are schematic dmwings of u sidL'
view,
bottom
view umla back
vk'IV,
respcctivcly,ofamoldcd h o • ~ l'euturing
:111 alligator.
FIG. 3!\-1 C arc schematic dmwings of a side view, bollom
view and a hack
view,
respectively, ofu molded shoe H.<aturing
n lrog.
FIG. 4A-1C arc schematic dmwings of a side view, boll om
aml:1 of h o L ~
a duck.
I)ET;\ll.lll) J)I\SCRIPTJ<)N OF TilL\ INVI\NTION
A desniption of preferred embodiments of the invention
li11lnws.
The present invention relates to
a
molded shoe
t h a t l c < ~ t m c s
u
tluve dimensional flgure. In an
cmbodinwnt, the thn.'c
dimensional llgurc C<lll he un animal, a chnntcter, or of n
person's likeness. 'llw molded shoe or the present invention
includes a series ol' projections and rocesses that l(mn a pat-
torn (e.g., an nnimal pattern or a dmmcter pattern) on the
bottom surl(lcc of tho sole, nnd/or
has
a three dimensional
llgurc intl'gnilc.'d into
the
upper or uny portion or the
shoe.
( c . ~ . g . ,
tops ol'tlw shoe, silks nl' ihe shoo, the hack oflh c shoo).
;\s relcrrcd tn heroin. ll snlc is (I port
inn
or the shoe that
Hmns tho hnttnm part of tho shoe; the p<irl
on which the lhot
rests. The sok has a bottom surlltce that comes into <:ontact
with
the
or
11oor,
or other
sul'li.1ce on
whidt a person is
ing surlhec. The shoes
con
lltrthcr include a stmp lin· wmp
ping around tho b a 1 . ~ k of the ankle, wherein the stmp has a lh>t 6u
nnd second end ullnchcd to the upper. 1110 upper includes a
series of projections und rocesses that lbnn a three dimen
sionnl llgure that hns an
eye. a mouth, animal skin pallern.
l ~ · a t h c r s ,
scnlt!s, nose, teeth, grass, toes, feet, cars, fllr. mouth,
claws m· any combination thereof.
1>5
walking. Another portionof the shoe is the upper. The upper,
<dso known as a vamp. is
tho pnrtinn ol'thc shoo that holds the
shoo onto the ltlnl. In an embodiment, the upper is the portion
An aspect of ho invention includes the three dimensional
llgtu·c (e.g., animal llgure) intcgmtcd intn the upper using. tim
Case 1:13-cv-11442 Document 1-1 Filed 06/14/13 Page 9 of 11
us 8,371,043 82
3
orthe shoe that covers the
toes, the instep, the
bm·k of he fimt,
nnd/ur the sidL'S oftlw !llOI. A shoe includes fnotweur such !IS
dogs, boots, sanduls, and the
like.
In an embodiment, the molded
s h m ~ of the present inven·
lion includes
!l
sole hnving n botlnm ~ u r l i K · e . Tlw bol!om
Stll'litce can be
slmpcd such !hut
nil or a portion of the surlitce
comes into contact with the ground. In the case of a llnt shoe,
4
inelude using the likeness of a person including Hunnus per·
sons. The thrcc-dinK•nsinnal llgurc• of he upper im•ludcs three
dimcnsinnal
c h < ~ r n c t c ' r s
having gcncml overall fcaltlrcs,
shape. likeness orthc person or character (..:.g., hats, lwirstyl..:,
accessories, instnuncnts, clothing, und
the like), The shoes
can be nl' uny color or color combination. An uspcct of the
invention includes a shoe with <In upper having a three dimen·
sionalligmc or animal integrated therein.
Referring to l.'lCfS. lA-C shows ladybug shoe 1!1 of
the
all or substantially all oflhe surHtce comes in contnct with the
walking smfh<:c, whereas in the l'llse of a heel, portions (e.g.,
tlw hall
oftlw foot
and the heal) oftlw shoe comes into contact
with the walking surfm:c. The bottum surlltcc uf
the mukled
shoe of the present invention has a series nf projections and
recesses that l(mn various imprinting surlitccs featuring a
print thnt correlates to the three-dimensional figure, such ns
an animal print or charocter print. The projL'Ctinns and
l'L'CCsses
nrc s!Ja(K'd und eon toured to I(Jtm the print. The print
(L'.g., animal print) can
i n d u d ~ variety ot'items r c l ~ t t c d lolhe
three' dimensional llgure ofthc
uppL'l',
e.g., li.lnt prints, trncks,
leaves, unimnl shapes, lily pads, grass, und
any combinution
thereof. Other animal related items cnn i(mn
the
imprit\ting
surlhcc of
the
shoe
of the
present invention. In a preferred
embodiment. the animal print on
the bottom sur1hce includes
to present invention. J!IU. lA shows a side view of the
molded
shoe and has strap 2 and lady bug upper 4A whkh is limned
hy a ladybug's body which includes a mouth. cyL'S, und wings
having a wing paucrn. The shoe design further includes Judy·
bug
Jeet,
leaves and grass. The ladybug shape is lt1nncd
lhllll
15 a series of projections and recesses that arc inlegrmcd into a
thrc'e dimensional animal figure of the
uppL'l'. The upper l'an
llu·ther ineludc openings e.g., to accentuate the animal pal!ern
such as the wing pattl•l'll.
The shoe shown in the ligurc
is
n : l o g . llmvcvcr, the shoe
~ n cun be embodied in uthcr types
or
shoes such as sandals,
boots, closed shoes ;md other types known in
the
art.
a fiJotprint of the
limlurcd animal (e.g., the nnimal that
forms
the tlm·c dimensional portion
of the upper).
The shoe 1\trther includes strap 2, when worn, wraps round
the back of tlK' ankle. The strap has
two ends. cm:h end
attaching to a portion ol'lhe upper. ThL'
strap can be stationmy
ThepmjLx,tions
und
recess()>
(e.g., indentations) on thcsnlc
arc deep enough to
make un
imprint on a surlhcc. In <111
embodiment, the projections, rcL·csSL's or both have u depth
that mnges betwc..:n uhout 2 nun to about 10
mm (e.g,., prcf·
erably between about 2 and
5
mm). ln an embodiment. the
surllttc on which the imprint is made is a son surlitcc, such as
dirt, sand, or mud.
In annthcr embodiment, the surll!L'e !:an be
a hard or non-spongy surl!tcc, and the
bo!lom surJltce of the
shoes of the present invent
inn c;m
be
l:natcd with an imprint·
ing solution (e.g., washable paint).
In
yet
another embodi
ment, the bottom surface cun be
coutcd with n solution that
only appears on paper that reacts to
the solution. Still in
llllothcr embodiment, the bottom surlncc cnn be wetted nnd
prints can be mndc on a dry surliwe.
25
or pil'llt. Additionally, the strap can be nwde of molded plas·
tic, or from tmothcr material (e.g., cloth, leather), or combi
nation thcrcol'. 'lllC strap can usc an ttttaching und/ot· udjust·
able means
that indude a buckle, snaps, velcro, buttons,
1hstcners, or otlwr methods known in the
art or Inter devel·
.lo oped. The st111p can be allached directly m indirectly. For
example, washers can be used to indirectly connect the strap
end and
the shoL'
to
allow the
sirup to
more easily rotate.
In a prelerrcd embodiment, the shoe and the strnp is
made
from molded plastic, or a material that
is recyclable. Th1.• shoe
35 ofth..: present invention, in one aspect, is made ofrccyclnblc
material and is
recyclable, The shoe can fitrthcr include a
logo, tmdcmarks or a recycle symbol on any
part of the shoe
including tlw IKltlom imprinting sur!hcc.
The present invention, in an aspect, 1\trthcr int:ludes an
upper that has an ll\iler surlltce (e.g, an outer htyc·r) with u 411
series of projections and recesses thut
fnrm
an aninwl l1gurc.
n chamcler figure or other 3 dimensiounlfig,mc. 'l11C 3 dim en·
sional figure can be intcgmted into all or any portion of the
shoe upper which includes the portions which cover the
instep, tlw toes, the hack oftlw foot, and the sitks oftlw
fi.1ot. 45
The figure (L'.g., animal Jlgurt:),
in an embodiment, has eyes,
mouth. nose, ems, hair, feathers, scnlcs, wings, <1 skin pattern.
gruss,
und
nny eomhimttion thercol: The ligure
is
a three
dimensional llgnre that is integrated with the
u p p ~ r .
as com·
pared to two dimensional p i c t u r ~ s or drawings that are printed sn
onto the shoe. The projections and recesses nre contoured and
shaped to lbnn the three dimensionalllgurc. The shue of the
present invention can formed into any animal figure, and
some examples shown in the llgurcs incluck• a ladybug, ulli·
gator,
ftng and duck. Additional animal ligures can be limned 5 '
as part
or the shoe, as describLxl herein. and they include
dinosaurs. tigers. lions, snakes, penguins, dragons. girut1es,
elephants. pnndns, bc'al':l, buttcrllies, drag,onllies, hippopotn·
mus,
bugs (e.g., a llrcll;
1
and a beL'), n turtle, a panther, fish,
etc. ur any other animul. Examples of
typl'S
of dinosaurs 6<!
im,,lude trieemtnps, !lrchtK'optcryx, compsognuthus. tymnnn·
satmls, apatnsaums, ichthy<,suurs, mos;tsuurs, plcsinsuurs.
ptcrosam-:;, dimetrodon, ankylosaums, dimetrodon, ammo
saums and iguanodon. In an embodiment, the ligure can be of
a charactel' (e.g., fictional or non-llctional characll•r). ()5
1\xampk•s of
11ctional
characters include those seen in
car
toons, plays. on TV shows, and
the like. Characters further
The bouom surli1cc of sole 6;\ shown in FlU. 113 shows an
<111imal
imprinting surl\tce. This tHlrticular surlhce shows
series
nr Judyhugs on leaves. lienee, when a person or child
wearing the shoes walks on a sol\ surlbce, an imprint
of
ladybugs on leuves will be made.
In addition to an outline of
the li:-aturcd animal, animal footprints can Ji.wm the imprint
surlltcc (sec soles 6C, and 61) FIGS. :m,
1111d
I'L'SJll'clively).
Other animal
!igUI'l'S that form
the
imprinting
o\lrlhce or the present invention include animal symbols,
m m t c ~ .
h u b i t u l ~ . (e.g., grass, leaves, rocks, wutcr), animal
out lines,
and
the like. The anima I ligures that J\mn the
imprinting surlitce can be
r<'petitive or non·repetitive. In a
preferred embodiment. the nnimnl imprinting surfhce on the
bottom surl!tcc
of the sole relates to or matches the animal
11gmc of tlw upper. For example. webbed teet imprinting
surlhce with a duck nnimalligurc is used in an embodiment.
Tlw animal pl'int
(\I ' the imprinting surlhce relates to the
anatomy, habitat or way ofliJe
of the
n.•<tturcd animal
of the
upper.
Rclerring, to FIGS. 2A·2C. alligator shoe 20 ofthc present
invention l(·aturcs an alligator. In these ligures, alligator
upjWl' 41l includes contours (e.g., projections and recesses)
!hut shtt]ll.' the alligator's mouth, teeth,
beak, eyes, rmd skin
pnllern. 'llw projections and recesses arc further slmpcd to
include swamp-like grass. The bollom imprinting surllK·c of
sole 613 has a series ofcontours that lcm11 alligator feet
and lily
pads.
Similarly, FICJS. 3A-C shows the plastic molded IJ·og shne
40 of the pt\'scnt inwntiun in which the contours li.m11 a thrL'e
Case 1:13-cv-11442 Document 1-1 Filed 06/14/13 Page 10 of 11
us 8,371,043
82
5
dimensional
J!·og.
Fwg upper 4C includes projections and
n::ccsscs that Hr<.l slmpt:d to include a mouth. cycs, nostrils. tlw
ft"<lg's skin patt<.·rn (c.g . bumpy), and
its
habitat that indudcs
grass. Thc imprinting surface of sole 6C has projc<:tions and
recesses that lim11 webbed
feet,
lily pads
nnd
grass.
A
three
dimensiLmul
duck figure
is the 1\wus of duck shoe
60 shown in
FlGS. 4A-C. Duck upper 4D's projections and
reccsses fonn the ducks beak, nostrils, mouth, eyes, leathers,
and grass, while the corresponding bnttom surlill'c of sole 61J
is shaped to formed duck lh·t, lily pads,
and
grass. Ill
The nwtcrinl of the molded shoe is preferably a molded
plasli<:, hut
can
be
mndeofntbber, vinyl, thennoplastic mate
rial, thcm1osctting pluslic material, or any other makriallhal
can be molded. The i t w l ~ n t i o n can use any molded plasti<.:. ln
an embodiment, the shoes of the present invention are an 15
iqjt.'Clion
molded Ethylene Vinyl A..:elate (EVA). EVA, is
a
copolylllL'I'of ethylene und vinylucelale. liVA
is a polymer
that is soft and tlexible, and processed like a thenm,plastk.
riVA is commL't'Cially
uvailuhlc ti·om a number nf retailers
including Dupont. Injection molding h; a manulltcturing tl'ch-
:lo
nique
that
uses materials such as thennoplastic and thermo
setting plastic materials. Molten plastic is injected at high
prcssur . into a mold, which is the inverse oftlw shoe's shape
(l•.g., au inverse of the three dimensional contours of the
animal figure
and
the inverse of the corresponding animal 2'i
imprint
on the
bottom imprinting surlitce).
Al1er
unembodi
ment of the present invention is dcsignL-d, molds un: made
e.g., n·om nwtnl, usmlly either steel or aluminum, and preci
sion-machined to form the features of the shoe.
'l11e
shoe of the present invention, in an aspect, is made
in
Jo
part or in whole lhHn a material that is recyclable. ln a
preferred embodiment, the who!<: shoe including the sirup and
optionally the means lhr securing the strap is mude ti·om a
recyclable material.
The present invention includes method of printing animal J5
prints on n surlhce using the shoes of the present invention.
The method involves the user who is wearing the shoe step
ping on u surlitce. Tlw act of stepping or applying pressure to
tlw bottom imprinting suditce of the shoe m.:ates an imprcs
sion on the surlltce. The
surll1cu
can be a sol\ or spongy ~ ' '
surthce, such
as
soil dirt, mud, and sand. The depth of the
indentations (e.g., the protrusions and recesses)
that form the
nnimul print ontlw boll
om
surliwe of the shoe allows one to
make 1111 impression ot· imprint on the surJlice. The method
further illt'illlks f1rst pladng the shoe 011 the \Vl.'ar<.'t''s feet. 4.'\
Alternatively, the imprints can h1.· made on n harder or
llul
surlhcc when sur
lite<' is
~ . ~ o a t e d
with a print mnking solutions
(e.g., wnshnble
Jmint). In yet anotlwr <•mbodimenl, $\lhttions
which reacts only to the sudltcc on which the user is stepping
to show color. Another embodiment is wetting the bottom ~ o
surli1ce of the shoe and making prints
on
n dry surli1ec such
that the
pl'int
can be seen when
wet.
Exempliflcntion
Tlw shoes shown in the llgmcs were made using EVA
injection molding ll'Chniques. A mold of L'ach of the animnl :;:;
shoes were prL'<:ision mad1ined to Jorm the inverse of the
liguro. Molten
EVA
was injected
at
high pressure into a mold
to form the shoe. Snaps were ndded to the straps lbr securing
the strnpto the shoe.
A w n · ~ . · s p o n d i n g l'CT application is being Jikd conctu·- 6rJ
rently herewith und is entitlud "SHOES"by Joel Rusnak.
filed
on even date hurcwith, Application
No.
I'CT/US OR/71921,
The h:achings of which are itK'orporated herein
by
relcrc·nce
in their entirety.
The relevant teac.hings of all the rclcrenccs, patents and/or 65
patent applications cited hNein am inwrporated herein by
rt'fercnee
in
their
L'ntircty.
6
While t h i ~ invention has been particuk1rly shown and
d c s ~ : r i l K • d with rdcrcnccs to prel1.'tTcd embodiments thereof,
it will be understood by thosl' skilkd in the nrt thut various
dwngcs
in form
and dctnils may lw 11\Ulk-
therein without
departing
from
the scope nl'the invention encompassed by the
appended daims.
What is claimed is:
I, A shoe that eomprises:
n. a sole
that
includes a bottom surli1ce:
and
b. an upper having sides extending lhm1 the sole and a
toe
port inn, wherein the sides and the tne portion comprise
an ntttcr surface that comprises a s1.wies
of pmjcctinns
and recusses that l(um a three-dimensional animal or
dtaructer figure with one or more
lea
lures;
wherein the sole,
and
the upper which includes the sides,
toe portion and the three-dimensional aninwl or charac
ter figure having the one or lllore features are u single
pkce substnntially Jhnncd n·om n molded lllnterial.
2. The shoe of claim 1, wherein the sole
lws a
bottom
s u r l i ~ < . · e
that
comprises a series of projections and recesses tlmt
lbrm n print to thereby 1\mn an imprinting surli1ce, whcruin
the figure on the uuter surface of the upper relates to the print
of the imprinting surlitce.
J, A mokkd shoe
ti.•aturing an aninwl, tlll' shoL' <.'OIIlprises:
a. a sole having <t bo!lnm surli1ce
that
comprises n series of
pwjections and recesses tlmt l(mn an <lllinwl printlbr
an
animal,
to
thereby obtain
tlll
animal imprinting
surll1ce;
and
h. an upper sides extend
from
the snk and a toe portion,
wherein the sides and the toe put1ion comprise an outer
surlltce
that
comprises a series of p m j e ~ : t i u n s and
recesses
thul
limn a three-dimensional animal lignre
with onl! or more lcaturcs. whL•rein thc upper, having the
sides,
tho
toe portion and the tht·ce-dimensionnl aninwl
figure
havh1g
the one or more lea lures is molded into a
single piece;
whcr<.·in tlw
sole
and
upper Hl'l' substantially funned
Ji·om
molded plastk; and the animal figure on the
O l l l l ~ r
sur
lilce oft he upper relates to tlw animal print oftlw uninwl
imprinting surlhce.
4. The molded shoe of claim :I. wherein the materialor the
molded shoe is molded plastic that is made lrom re<.oyded
plastic.
5.
The lllLllded shneofclaim wherein the animulleatured
is selucted from the group consisting ol': a ladybug, an alliga
tor, a frog, a duck, a dinnsam, u bug. a turtle, a JXInlher and
tl
fish.
6.
sho0nl'claim
5,
whurcin thcanimnl imprint
ing surlht.'e includes projections and recesses tlmt lbnn ltlOl·
prints of the
feat11fed
animal.
7. The mnldcd shoeofclaim6, wherein the animal imptint
surlhce lws pro.i<.'ctinns, recesses, or both have a
dr.•jllh
that r a n g ~ . : s
bctween about 2
n1111
to ahnut 5 111111
to thereby
obtain !Ill animal imprinting smlitce.
8. Tlw mokkxl shoeol 'claim3, further including a strap lbr
wrapping around back of the ankle. wherein strap lms
n first and second end 11ltachcd to the npper.
9.
The molded shoe nf'cloim
3,
wherein the upper includes
a scri<.•s
of
projl'ctions
and rl.!wsses
that
form
an
unimul
figure
that has eyes nnd n mouth.
I(), Thl' molded shoe of claim 9, wherein the upper further
includes tl series of project iom and re<:uss.:s that form an
animallig.urc that lws one nr more of the tbllowing l'eatmes:
animal skin pattern, fenthers, scales, nose, teeth,
g.rass,
legs,
eyus, toes,
feet. e(lrs, li.1r,
mouth, claws or any eomhination
thereof.
Case 1:13-cv-11442 Document 1-1 Filed 06/14/13 Page 11 of 11
us 8,371,043
82
7
II .
;\
method of making
an
animal imprint on a surlhce
with 11 nmldetl shoe; the method inclmks;
a. stepping on the surlitce with a molded shul' Jeaturing un
nnimul. the shoe comprises:
i. a sole having <t bottom surlitce that
c o m p r i ~ e s a Sl'ries of'
projections and recesses
that
Hmn un animal
print l\1r on
animal,
to
thereby obtain an animal imprinting surlitce; and
ii. an
upper having sides extending from the sole and a toe
po11ion, wherein the sides
and
the toe portion cnmprisc
an
outer surlhce that comprises u series ol' prnjcl•tions and
111
n!ccsses
that
fonn a three-dimensional
nnimul
tlgure with one
or more lcatures:
wherein the sole, and the upper which includes the sides, toe
portion and the three-dimensionalunimal l1gure having the
1
~
one or more reatures nrc a s i n g h ~ piece substantially
formed
ti·om molded plnstic;
and
the animal llgtlt'l' on the outer sur-
thee or the
upper relates to the animul print or the
animal
imprinting surlhce.
12. Tho
method
of claimll,
wherein
tho
surlhce is a son
surlhc·e
that
includ"s dirt. mud, saud or cluy.
13. A shoe
that
comprises:
a. a sole; und
8
h. t i l l upper
hnving
sides l'Xtending llnm the sole nml a toe
porlion, wherein
the
sides and the
tol•
portion comprise
an outer
slll'!llce that
comprises
u
series of projections
and recesses tlwt limn a three-dimensional figure with
one or more lcatmcs;
wherein the snlc, the upper including the three-dimen
sionul animal figlll'c' having tlw
une
or more features nrc
<1 pkoL• formed lhHn malL'·
rial.
14. The shne of claim 13, wherein the solo has a bottom
surfm;c
that comprises a series ofpmjoctions and recesses that
Jl:mn a print for the f1gure, to thereby nbtain a ligure imprint
ing surlilce, wherein the liguro on the outer surH1ce of the
uppvrrelates to the print
ofthe l 1 g u r ~ ·
imprinting
surliteL'.
IS.
The shoe of claim 13. wherein the three dimensional
figure comprises a
c h m · a ~ . • t e r ,
likeness ol' u person, tH' an ani
mul.
Case 1:13-cv-11442 Document 1-3 Filed 06/14/13 Page 2 of 21
(12)
United States Patent
Rusnal{
(54) SIIOES
(75)
Inventor: , J o ~ l Rusnul,:, Newburyport, MA (US)
(73)
Assignee:
Polliwnll>s, Inc . Sudbury. l'v!A (US}
( *)
Notkc: Subjed
to any
d i ~ c h t i m c r , the term orthis
putcnt is extended or adjusted undet· 35
U.S.C. 154(b) by 566 days.
(21)
1\ppl.
No.: 12/505,893
(22) Filed: .Jul. 20, 2009
(65) l'rlot· Publlcutlon Dutu
US 2010/0126045 A I May
27,2010
Related
U.S.
Application Dutu
(63) Continuation-in-part of application No. 12/184.417,
filed on
Aug.
1,
2008.
(60) Prnvisinnal uppli<:a!inn No. 61/075,778,
filed
on Jun.
26, 2008, provisional app1kution No. 60/953,246,
11led
on Aug. I, 2007.
(51) lnt.Cl.
A43/J 23/{)IJ (2006.01}
(52) U.S. CI. .................................. 36/11.5: 36/136; 3M4
(58) F l ~ l d ofClassilicution Search .................... 36/112,
(56)
36/136,4, 11.5; 12/142 S. 142 RS; D2/897-R99,
D2/94R, 952
See
application
file l\1r complete search history.
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CN
CN
US008371 044B2
(IO)
Patent No.: US 8,371,044 B2
(45) Date of Patent: Feb. 12, 2013
D2oi,IIJ5 S
D2X2,309 S
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(Continued)
FOREIGN PATENT DOCUMENTS
26
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(Continued)
OTIII\R PUI3LICATIONS
Online wchpagc,
Crocs F<>otwcar, Crocs, Inc.
(Niwol, Colorado);
Downlomkd Aug. I, 2007,
h t t p : f / s h o p . c r o c s . c < l l l l i ~ . 4 · F o o t w c a r .
nspx'!rcqid· 4& rcqPn>dlypcld· 4& suhscct innnnmc• t'oolw<>ar.
l'rinuuy Hxamiu,•r Marie l'alterson
(74) Allonwy. Agent. m· Firm ;\ntoinelte
Ci.
Cliugliann;
AGG lntclkctual Property
Law
(57) ABSTRACT
The present invl'tllinn relates
to
a molded shoe
J\.•aturing
a ~
dim<.,nsional
11gurc (e.g., an unimnl or charw:t<.•r). Tlw shoe
has
a sole having a bottom surlhce
that
enmpriscs a series of
projections
nncl
recesses
that lill'ln
a print
li1r
an animal or
character,
lo
thereby obtain
an
imprinting
surlite<:; and an
upper, attached lo the sole. having nn outer surlhce that ''om·
p r i s e ~ a series of projections and recesses that form a three
dimensional figure (e.g., un animnl figure or n chamcter
fig-
ure). The sole and upper arc substantially li.mned from
molded plastic; the projections
and
l't'ccsses of the unimal
imprinting surfm;c allow otll' wearing the shoe
to
make
imprints on usnll surlhcc, and the three dimensional llgut'e
on
the o u ! L ~ r surlltce
of' the
upper relates
to
the print
ol'
the
imprinting surJltce. The methods of
the
present invention
li.trthcr include making imptints with the bottom surl1tce of
the shoe.
In till aspect, the shoe of the present invention includes a sole
that
includes a bottom sur thee (IJld an outsolc extending there·
fi·um: and
a tue cap, wherein the toe eap ami the outsole
comprise au oult't' surlhce
that L'Olllprises u series of projec
tions and recesses
that limn
n three-dimensional figure. The
toe cap, the sole, the outsnle, and the threc-dirnensionul ani
mul
or elmmcter figure
ure u single piece lbnned
by a molded
material. This embodiment nl'the invention further includes n
modified upper, adapted to atlach
to
the toe l'ap
ond
the
outsulc.
II Cluirus, t:l Dl'awlng Slu:cts
Case 1:13-cv-11442 Document 1-3 Filed 06/14/13 Page 3 of 21
U.S. PATENT DOCU!VIENTS
D290,062 S
5,331,753 ,\
5,465,507 i\
D.\6Ci,752 s
D3n,oo9 s
[)38],795 s
0393,937
s
1)394,137 s
5,765,300 A
J)J\)7,541 s
5,S 14,254 A
5,S37,174 A
5,S6N,9SI A
5,974,694 A
5,980,351 A
D413,663 S
])422,77!\ s
1)423,197 s
6,oxo,o:n A
6,1X9,240 Bl
IJ479,386 s
1)487,614 s
D489.516 S
D490,21X S
D498.03S S
0498,907
s
])498,<)08 s
6,957.504 B2
6/1987 Valori
711994 Rodibaugh
Il l 1995 Schumnchcr clnl.
2119%
S h ~ n n a n
211997
Sullivan
cl
al.
S/1 997 Coals
511998 Henson
SII99S Nadd
Cil i'J<JX Kiankn
9/ I99X l l c n ~ o n
9/I99S Bisconl i
11/1998
Bis.:onti
211999 Bisconti
I I i 999
Vccchiola
11/1999 McCook
112000 Scnif
412000
Yang
412000 Y:mg
612000 Fladwood ct al.
21200 I Cowgill cl
al.
9/2003 Gebhardt
312004
Lc
5/200•1 Gebhardt
51200,1 Oebh:llllt
I 112004 Gcbhnnlt
I J/2004 Gebhardt <:t al.
1112004 Gcblmnll
d
al.
I0/2005 Morris
US 8,371,044 B2
Page 2
6,l)93,S58 B2
2!2()()(i
St..•amans
D517,7RH
S
312006
Seamans
D517,7X9 S
3!2006
Seamans
D517.7<10 S
,l/2006
Seamans
D521,217 S
5!2006 Moehring d al.
D525,017 S
71200Ci Ochoa
0525,419
s
712006 Seamans
])52<1,263 s 1012006
Wolf
D 5 3 2 , 1 ~ S S
11/2()()6
McCiaskic
7,146,751
B2
1212006 St:amans
D535,0SS S
112007 Scantatts
D543,6XI
s
G/2007
McCarthy
DS'l'l, IX2
s
612007
M c C i a s k i ~
D547,540 S
7i2007 1\·ladcmpach
D549,434 S
Sl2007
Seamans
D567,4S2 S
4 / 2 0 0 ~
lloyt
!)604,031
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11/2009 Alllkrscn d
nl.
20021008]623
,\ I 712002 Jnscph
200210 16625S A I
1112002 Po
sa
200410211190 ,.\I 1112004
Sen
mans
200MHJ<HH07 A I
:l/2006 Seamans
200710130797 AI
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FOREIGN !'ArENT DOCUMENTS
CN
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wo
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Patent Feb. 12, 2013 Sheel 1 of 13
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US
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A
FIG.
5E
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us 8,371,044 82
1
SHOES
lWLATll!J APPLICATION
This upplicali<)n is
n Continuation-In-Part ol' U.S. patent
application Sor.
No. 12/184,417;
11ledi\ug. I,
2008,
entitled
"SI 101\S"; which claims the hcnefh \ lf
U.S, l'rovi$ional
Application No. 6
I 075,778, entitled "SHOES" by
Joel Rus
nak, filed
on
Jtm.
26, 2008; nnd U.S. Provisional Application
No.
60/95:\,246, entitled "ANIMAL PRINT MAKING
SHOES" by
Joel Rusnak. flied on Aug. I, 2007.
The entire .• ll'achings ol'thc nhow Hpplicutinns <trl' incurpo
mtl'<l herein hy r e f c r e n l ~ c .
BACKGROUND OP TflE INVENTION
Shoes for children many times can lack a
Jim
theme ami/or
three dimensional design. Children enjoy exploring and
lcaming nbout lll'W things. In particulur, many chi ldn:n have
a love ol' animals
<md
dtamctcrs, and like to
lenrn
about them.
A need exists I'm· shoes that have three dimensional, fun
themes. ln particular, a need exists for shoes that have
<1
three
dimensional animal or charm·ter figure integrated into
them.
A further need exists to make u three dimension animal/
character shuu thut also makes imprints.
SUMMARY OF TilE INVENTION
The present invention relates to a molded shoe lcaturing n
threl•-dimensional llgurc. The shoe has a sole having 11 bottom
surlhce that comprises a smics of projections and recesses
(e.g., contours) that li.mn a print (e.g., an animal print, which
include animali(Jotprints or animul tracks), to thereby obtain
an imprinting surntcc. The shoe further· includes nn \tpper,
attached lu the sole, having an outer surlitce that comprises a
series of projections and recesses tlwt
form
a three dimen
sional tlgurc (e.g., an nnimal 11gure. character figure, or n
figure
thut rd1ects n person's likeness). The recesses und
projcc:tions
of the llguw or the upper is intcgrakd with
the
sole, and the depth oJ'thc
proje<:tinns,
recesses, nr both of the
upper runge hctwccn e.g., about 2 mm to uhnut 20 nun
(prl•l'
erably between about 3 nun nnd about 10 mm). In an embodi
ment, the 3 dimensional figure of the upper and the sole- :trt•
one piece limned by nmolded material. The sole and upper, in
an nspeet, arc suhstuntially or lltlly limned lhm1 molded
plastic. Also, the projections and recesses of the imprinting
surllt<.•e
(e.g., animal imprinting surl\ice) ullow one \Waring
the shoe to make impl'ints on a ~ o n surluce or hard surlitce
when sole is wet. Prdcrably, and the figure on the outer
surlhce
of the upper relates to, con-esponds to, or otherwise
correlates with the print of the imprinting surlace. The
molded plastic, in anl•mbodimcnl. made nf recyclable
mate
rial and
is rccyelablc. In an aspect, the three-dimensional
llgurc is
an
animnl ligure or a chamctcr ligure. The animal
figure of' the uppet· includes e.g.,
<I
ladybttg, an alligator, n
liug, a duck, a dinosaur, bugs (e.g., n fircl1y and n bee), a turtle,
a panther and fish.
In one aspect, the animal imprinting surlilce <.1111 be of
l'lx>tprints of the nnimal flgurc
that
forms the upper.
Thl•
impl'inting surliu:<'
has projeetions, l\.-eesses, or both
that
huvc
o depth thnt ranges between about 2 nun to nbout I0
mm
(e.g.,
bl>twcen
nhout 2 111111 nnd 5 mm) In thereby ohtuin an imprint
ing surlhcc. The shoes can further include u strap Jbr wrap
ping mound the b n ~ : k of the unkle, wherein the
strnp
has a first
and second
end
altachcd to the upper. The upper includes a
series uf
prnjL-etions
and recesses that lbrm
a three dimen
sional Jlgurc that has an eye, a mouth, animal skin pattern,
2
leathers, scales. nose, teeth, grass, toes, teet, cars, 1\tr, mouth,
c.;
lows or \Ill)'
combim1tion
thcrc:ol'.
An uspecl ol'the invention indud.:s the three dimensional
llgure (e.g., animal llgmc) intcgratl'<l
into
the upper using the
series of projections and recesses, as described hl)rdn, indc
JWndenl of the prints on
the bottom s\lrlhce
nf the shoe.
Similarly, an embodiment of the present invention includes
the series of' pmjcetions and r·cc.·esscs that make the imprint
(c.•.g.., animal imprint)
on
the bottom surlitcu lifthe sole, indc-
tu
pcndl)nt of
tlw three dimensional ligurc of
the upper. In yet
anutlwr embodiment, the prcsl·nt invention relates to a shoe
that has both.
The present invention lln'lhcr inuludcs methods of making
an imprint on a surface with n moldt'd shot', as described
15 herein. The methods include stepping on the surlhce with n
molded ,;hoe
OJ' the present invention, liS
des<:rihc.><J herein.
The surli1ce is
a son surliu:c that
i!ll:ludcs dirt, mud.
sand or
clay. In an cmlmdinwnt,
till.' method
further
i n c . ~ l u < k • s <:O<lting
the bottom smlhce with H printmaking solution, and stepping
211
on to <! surt1tce like papur tn nwke imprints. In yet another
embodiment, the method includc.·s wetting the bottom surlhce
of
he shoeami stepping on a dry surlacc to
make the imprints.
In another cmhodimo:nt. the J ) l ' < ~ s l . . ' n t invention includes a
shoe having u sole, as deseribed herein, <1 toe l'ap, nml an
25 outsole, wh0rein the toe l'liP and/or outsole, rather than till·
upper, has nn outer surli:tcc !hut comprises a series of' projec
tions <md l ' < ' c e ~ s c s tlwl form tl
threl·-dinwnsional figure.
Instead ofthe u p p ~ r
and
the sole being a singk• molded piece,
as described herein, in this embodiment, the Inc cap, the sole,
.10 the nutsolc, and threc-dimcnsill!WI llgure arc a single piece
formed
by a molded material. With this embodinK·nt, the shoe
fl!rther includes Hmodilled upper. adapted to
utluc.:h
to
the toe
cup and outsolc. Examples of' uppers modified
to
adapt
to lit
the toe cap include a sneaker upper, a "Mury June" upper, a
.15 boot upper, n slipper
upper, and
u saudnl upper. The upper
iucludes straps, hook and loop
lhstcncrs, laces, zippers, but
tons, litstencrs, and
th0 like. The projections. recesses or both
of till' toe cap and/or outsolc have a dl'pth thut ranges e.g.,
betwc:un about 2 nun to about 20 nun (e.g., prl'lcrably
4U
between
ubout
2 and 10 mm).
Till' animal imprinting surlit<:l'
has projections, recesses, or both that have a depth that ranges
e.g . between about 2 mm to about 5 mm to thereby obtain an
animal imprinting surl(H.:e. As describl'd herein the sole has a
bottom surlhcc thnt comprises n series of projections and
4S
l ' l ' e c ~ ~ l ' S
tlwt Rmn a
print to lill'l'l'by form an imprinting sur
thee,
wherein the llgurc
on
the outer s u r l ~ ~ ~ . : e of the toe c:ap
relates to the print
ol' the imprinting s u r l h < . ~ e . The mokkd
mutcrial or a thermoplustic nmtcrial uun
be used.
Exnmplcs
include Ethylene Vinyl Acetate (EVA), rubber, ThennoPias-
sn
tic Rubber (TPR), Polyurethane (PU), (PolyVinyl Chloride)
PVC, or n combination of any ot' these materials combined
with these or other materiuls. In certain aspects, the molded
plnslk is recyclable or made lhlln rccyck-d nwtcrinl.
In an aspect, the pwsent invention indudes ~ ~ s o l e having u
55 bottom surllwe that comprises a Sl'l'ics ol' p n ~ j e c t i o n s and
rc:cesscs that form tul animal print lbr an animal, to thereby
obtain an animal imprinting surlhcc: and a toe cap and out
sole. wherein the toe cnp and outsnle include nn outer surlltc:e
tlmt comprises a series ofpmjcctions ami recesses that lbnn a
60 three-dimensional animal llgun.'. wherein tiK· tnL' cap, the
sole, outsolc, tbennimnl imprinting surl(tce,nnd thrce-dimcn
sionul animal orchamcter figure arc u single piece l'lm11ed by
a molded material: and a modified upper, mluptl'd to attadwd
to
the toe cap. The proj,•ctions and recesses of
the animal
65 imprinting, surface allow one wearing the shoe to make:
imprints, and the animal l1gme
on the outer surl(tce of the
upper relates to the animal print of the animal imprinting
Case 1:13-cv-11442 Document 1-3 Filed 06/14/13 Page 18 of 21
us 8,3
71
,044
82
3
4
FIG. 51 I is a schematic drawing
of
a side view of a three
dimensional
inch worm Jlg.ure
made
Ji·om
the sole and toe cap
shown in FlU. SA,
but
with 11 modilkd "ivlary .lane" upper.
FIG. 6
is 11 schematic drawing nf a side view ol' a t l m ~ e -
dimensional li:tard figure mudc lhm1 a sole und tou cnp into u
single piuce ((1r111ud by a
molded material. The l1gure shoes <1
modi lied Z-stmp upper.
surtlice.As used herein. the animal can retic•r to a three dimen
sional
~ u l animal (e.g., an inch wonn ora lizard) oral ktio nal
animal (e.g., a treL'JlL'ror tree creeper). l t u m t ~ s p e c t , the toecap
and/or outsole includes a series of projections and recesses
that limn un animaltigure that has eyes, mouth, animal skin
pattern, leathers, scales, nose, teeth, grass, legs, toes, teet,
cars,
fur,
mouth, claws or any combination thcrl·of.
FIG. 7 is a schematic drawing of a side view of n !hree
dimensionnl lictional tree creature ligurc
mnde from
a sole
1<1 ant! toe cnp into n single
pkcc
J(mned by a molded nwterial.
The present invention r e l ~ t e s to methods of making the
shoe described herein. The methods include injecting molten
plastic into a mold huving:m inverse imugeof he sole, the toe
cap and the outsole having the scrks of' projections
und
recesses that Jorm the three-dimensional tigure, to thereby
obtain
a
molded shoe; nnd after the sole/toe cnp/outsole has
cooled. attaching a modined upper to the toe cap. The molten
15
plastic comprises EVA, t•ubber, TPR, PU, PVC, ot· a
~ ' o m b i -
nalionofany or these mutcriuls t·ombined with thesl' or other
materials.
The tigur'' shOl'S
u modi !led sneaker upper with laces and ll
honk and loop lltstcner.
DEm\JLED DESCRIPTION
OF
THE INVENTION
!\ dvscriplion
of
prcterred embodiments of the inwntion
J(IJlOIVS.
The present invention relates ton
moltkxl
shoe
that lcatlll'l'S
n three dimensional ligUI\), In un embodiment, the three
he present invention has sevcml mlvantagcs. Children can
now enjoy shoes with three dimensional animals or ligures
integrated within the shoe.
At
the same time, children can
learn and/or mnke loot printsof the nnimnl or chnmcter while
wearing the shoe.
l3RlllF DESCRIPTION OF TilE DRA\VINliS
The foregoing und other objects, 1\:utures and udvantuges
of the inwntion will be
apparent ii·om the lbllowiug more
particulnrdescription ofprelcrrcd embodimentsof t
he
inven
tion, us illustrated in the accompanying drmvings in which
like rclerence churactl111> refer to the same pm·ts throughout
the dillcrent views. The drawings nrc not necessarily to scale,
emphasis ins lend being pla..:ed upon illustrating the principles
of' the invenlion.
FIG. J A-lC are schematic drawings of a side v i ~ w . bottom
view
and a
hack
view,
respectively,
ofa
molded shoe featuring
a ladybug.
FIG. 21\-2( ·!Ire schcmatk drawings nf'uside view. bottom
view nnd uhack viuw, respcdivdy, ofamoldcd shoe featuring
an alligator.
FlO. 3!\-.lC nrc schenullic drawings nl'u sideviuw, bottom
view
and a buck
view,
fl'spectively, ora molded shoe H:uturing
a l1\1g.
"" dimensional ligure
can he an
nnimal, a character, or
of
o
person's
likeness.
The
molcll){l
shoe of the
p r e s ~ n t
invention
includes <l surics of projections and recesses that tbrm a pat
tern (e.g . an animal pattern or a dwmetcr pattcm) on the
bottom wrfhcc of the so k and/or has a three dimensional
2:i 11gure
integrated into the upper (e.g., tops ol'the shtll', sides
or
the shoe, the back of the shoe), or toe cap of llw shoe.
As
rclem:d to herein, n snlc is a portion of the shn<..' tlwt
lbrms the bnttom part of the shoe: the part on whi<.:h the !(Jot
rests. The sole has n bottom surH1cc that comes into contnct
.10 with the ground or
llmll',
or other
surt1u;c
on which a person is
walking. Another portionol' the shoe
is
the upper. The upper,
also known as a vamp, is the portionol'thc shoe that holds the
shoe nntn the t<mt. In an embodiment, the upper is the portion
ot'the shoe thatelWeJ1> the toes, the instep, the back nfthc f(mt,
35
and/or
the
sides of the
Ji..1ot.
In an
embodiment,
th\.'
shoe of the present invention
indudcs a toe cap. The toe cap is n portion of the shoe that
com<..'s from the solo and cnvcrs the toes.
Tlw
outsole
is
the
portionof he shoe that cxtmds
frnm
thewle to the outer, side
40
und h\.'id surlhccs oJ' ohnc. ;\s used herein, Ihe toe
c;tp
covers
the toes, and thenutsolc continues
the
design tl·om one side
ol'
the toes (e.g., the big toe side)
and
wmp around the heal and
back to the other side oJ'tlw toes (e.g., the pinky toe side). In
FIG. 4A-4C
n r ~
schematic drawings of a side view, bottom
45
a duck.
the case
in
which the shoe includes a toe cup. the shoe can
further inl'lude n modified upper to extend tl·om the to<: cap to
cover the instep, sideo of the foot. ankle and/or lower leg (c•.g.,
FIG. SA is 11
schcnwtic drmving of a skk view of a thrce
dimcnsionnl inch worm figure mude
Ji·om
u sole and toe
~ · u p
into a single piece limned a molded material. The ligurc
shoes n modified Z-strap upper.
FIG. 58 is
a schematic drawing nfn top view of the t l m ~ e -
dimensional inch wonn shoe of FIG. SA.
is c h ~ : m u t i c
of
the imprinting Slii'IUcl' or the thrce-dinwnsinnal indl worm
shoe ofFICi.
SA.
FtG. 5D is a schematic drawing of a front view ol' the
three-dimensional
inch
worm shoe of FIG.
SA.
FIG. SE is a schematic dmwing, of a back view of the
three-dimensional inch worm shoe of FIG. 5;\,
FlU. SF is a schematk drawing of a side view ol' a three
dimensional inch wnrmtigure madefrom the sole
nnd
toe cap
shown in FIG.
SA,
but
with a modified sneuker upper having
n hook and lonpllistcner.
FIG. 50 is a schematic drawing of a side view of 1 three
dimensional inch wormllgme made from the sole and toe cap
shown
in
FIG. SA, but with a mmlilled sneaker upper having
laces.
in thccnseofn boot). The upper is modified
so
that it no
longer
covers the t1ws, but exttmds ii·om tht' tne cup :md the nutsole
to othcrwist.:! hold the shoe on the lbot. The sllne of !his
so embodiment includl's modifled uppers suc:h
as
clogs, boots,
sandals, slippers, sneakers, "Mary Jnne" shoes, and
the
like.
In an embodiment,
the
mnltkd shoe nl' the prcsunt inven
sur h e ~ can be shapc:d such that all OJ' a portion of the surlhcc
~ 5
comes into
cnntm:t
with
the
ground. In
the
case
of
a llat shol',
all or substantially all of he surface comes
in
contact with the
walking surtace, whereas in the
c:1se
ofn heel. portions (e.g.,
the ball ofthc Hlot and the heal) ofthe shoe comes into contact
with the walking
surli1ce.
The bollnm surthcc of the
mnldLxl
til! shoe of the present inwntion has u series of projcL•Iions ami
recesses that lhnn vurious imprinting surlitces !eaturing a
that
cnrrdntl's to the three-dimensional ligurc, such liS
an
animal prlnt or character print. The projc,·tions and
recesses are shaped nnd contoured to lilnnthe print.
T h ~
1>5 (e.g., animal print) cnn include variety ol'itcms related to the
threl' dimensional llgmcof the upper, e.g
.
lilnt pl'ints, tracks,
leaves, animal
~ h a p c s ,
lily
pmls, g r a ~ s . und
uny combination
Case 1:13-cv-11442 Document 1-3 Filed 06/14/13 Page 19 of 21
us 8,371,044 82
5
thereof. Other animal related items cnn li.mn
the
imprinting
surfltct• of
the shoe
of the
present inwntion, ln
a preH.·rred
embmliment, the animal print
on
the bottom surHtct.' includes
u Hmtprint of he Jcatured animal (e.g., the animal that forms
the three dimensional portion ol'thc upper).
The proj<..'Ctions and recesses (e.g., indentations)
on
the sole
are deep enough
to
make
nn
imprint on a surlin:c. In
an
embmliment, the p n ~ i c c t i o n s , recesses Ol' both
of
the imprint·
ing surfltcc have 11 depth that rungcs hl'tween about 2 mm
to
about I0
111111
(e.g .
111'el'crably
b01WL'en about 2
and
5
111111), In
WI
embodiment, the surlltt·e on which the imprint is made is
a
soft surliwc, such us dirt, sand, or mud. In another embodi
ment, the surl!tce t>an be a hmd 01' non-spongy surface, and the
bottom surlhce of the shoes of' the present invention can be
coated with an imprinting solution (e.g., washable paint).
In
yet another embodiment, the bottom surlhcc
cun
bl' coated
with
a
solution that only appears
on
paper
thut
reacts to the
solution. Still in another ombodimmt, tho bottom s u r l l t ~ o ~ e can
he wottod und prints cun bo made on n dry surlhce.
6
dmgontlies, hippopotamus, bugs (e.g . a llrclly and a bee), a
turtle, a panther,
fish,
an inch worm. alb:ard, ncreeper, ctt·. or
any other anima, real or fictional. Examples of types
of
dino
saurs in<:lmk· triceratops, archaeopteryx. cumpsognalhus,
5 tyrannosaurus, apatosaurus, ichthy\lSalll'!i, mosasaurs, plesio
saurs, ptcrosuut;;, dimcuudnn, ankylnsmu·us, dimetrodnn.
ammosaw·us and iguanodon. In an
embndimunt.
the l1guru
cnn be
of
a charactet· (e.g., fictional or non-fictional charnc
tcr). Examples nf fictional ciHtni(>turs inclutk• those seen in
10
cnrtonns, plays, on TV shows, and
the like.
Characters further
include using tlw likeness
of'
a {lL'rson induding Hunous
pur
sons.
Tlw
three-dimensional
Jigurc
of he upper includes three
dimensional charncters having genernl ovcmll fcaturt·s.
15
shape, likeness ufthe person or character (e.g., hats, lwirstyle,
ncc<.•sstwies, instruments, clothing, and
the like• ). The shoes
can
be of any
color or color combination.
An asp1.-ct
of' the
invention includes a shnc with an upper having a three dimcn-
siomtl figure
or animal intugrated therein.
The
pt'<.oS<'llt
invention, in an a ~ p e c t , further includes an 1il
upper, a
toe
capand/oroutsole lhatlms an outer surlhce (e.g,
Rcl'ctTing to F!CiS.
1A-C shows lady
hug
shoe I 0 of'
tlw
present invention. FIG. 1A shows a side view of the molded
shoe and
has
strap 2 and lady
bug
upper
4A
which is formed
hy a ladybug's body
whic:h
includes a month, eyes, and wings
having a wing pnttem. The shoe designl\trtlwr includes lady-
an outer layer) with a series
of
projections and rocesses that
form 1111
animal llgure, a character llgmc or
o t h 1 . ~ r
thrcc-di
mensionul figure.ln an cmhodillll'lll, thl' p r r ~ j < . . - c t i o n s , recesses
t l l ' both ol' the throe dimensional llgurt·
huvc
a depth
that
range's
between about 2 nun to about
20
nun (e.g., prcfernhly
lwiWL'Cll about 2and I 0 mm). In tlwemhodinwnt
in
which
th1.·
upper
has
the three-dimensional llgure,
the
figure can
be
integrated into
all
or any portion of the shoe upper which
includes the portions which cover the instep. the toes, the
back
of
he foot,
and
the sides orthe foot. In the case ofthe toe
cap, the threc-dimensionnlligurc is formed
in
at least a
por
tion
of the Inc cap and/or outsolo. In omhndiment, the three
dimensional figure is J'i:mJtcd substantially all throughout the
top cap and includes the outsolc e.g., the three dimensional
fig11re
is formed around the toes, extending
to the
sides and
wraps mound the heal. In the case in which the sole and upp<;Jr
include the three-dimensional
t1gun.\
the sole and the uppor
are I pict:l' J(Jrm<..xl by 11 mokkxl material. In the ease in which
the
toe cap int,ludes the three-dimensional figure,
th1.• snh.> und
the
toe
cap art• I piec1.•
Hmtwd by
a molded material. In yet
another embodiment, the sole, the outsole and the toe cap are
I piece
Jbrnwd
into a three-dimensional figure by 11 molded
material. In this embodiment, a modified upper is adopted
to
attadJ
to
tho toe cap. In sut:h an aspect, the upput' is adapt<.•d to
cover loss
of
the fool, and rcductxl such that it no longer
covers
the
toes.
In
the cas<.' in
which
the
three-dimensionnl
ligure <.'owrs till.' toes und goes Ji·om the toes along the side;;
and wraps around the heal, the upper is reduced so that it docs
not cover the toes, and does not extend
to
the portion of the
sides and hen I that is already covered by the toe cap and the
outsnle. 'l11e modified upper is attached to tho toe
cap with
<tdhesive, stitching, or uth<.•r nwthods for adhering
nwterinl with syntlll'tic or stilehed leather.
25
bug
f'uot,
leaves
and
grass. The ladybug shape is lc)Jmud lium
11 series nfpmjections and recesses that
a n ~ integrated intn a
three dimensional animal
figure
nl'thc
upper.
The uppur nm
Jlu·ther
include
op<.•nings
e.g., to accentuate the animal pattel'n
snd1 as the wing pattern.
3
"
The shoe shown in the figure is a
dog.
However, the shoe
l 'ml be embodied in other types or shot's such as sundals,
boots, closed shot'S and other typus known in the
art.
The shoe l\trther includes strap
2,
when worn, w r a p ~ round
35
the
back of the nnlde. The strap J\.)J' usc with the presl.!nt
invention has two ends, each end attaching to a portion ofthe
upper. The strap can
be
stationary or pivot. Additionally. the
strap t'an bt' nwde of molded plastic, or
!)·om
another material
(e.g., cloth, leather), or combination thereof. The sirup, in
nn
4U embodiment, can us<.> an attaching and/or mljustublc means
that
indude a but:kle, snaps. vukro, buttons, litstenur;;, or
other methods known in the art or later developed. The strap
t'an
be
attndted directly
or indirc<.,tly. For example, washers
can
he
used to indirectly connect the strap end nnd the shoe to
allow the strap to mnr,• easily
ml!ttt'.
In an emhudimcnt, till' shoe
and
the strap is made Jl·om
molded plastic, or anwtcrinl
that
is recyclable. Tlw shoe oi'the
present invention,
in
one
aspe<.,t,
is mmle ol' n:cyclable
mute
rial and is recyclable. The shoe
can
further include a logo.
so trademarks or a recycle symbol
on
any pa11 of' the shoe inc lud
ing the bottom imprinting surlhce.
The bottom surluce
of
sole 6A shown in FIG. I B shuws an
Till) figure (e.g., animal llgure), in un embodiment, has S5
eyus, mouth, nose, cars, lwir. feathers, scnles, wings, a skin
pattern. gruss, and any combination thereof. The figure is n
three dimensionnl Jigure that is intcgmted with the upper
and/or toe cap, as compared to two dimensional pictures or
dmwings that are printed onto th<.• shm•. The projections und
6fl
recesses nrc contoured and shaped
to li1rm the three dimen
sional
figure.
The shoe ofthe present invention
cun
be
li.mnud
into
nny
animal
figure,
and some exmnplcs ~ h o w n
in
the
figures
include uladybug, n!Ugutor, fi·og and duck. Additional
animal f1gurm; can be ltmned as part ofthe shoe, as described (o5
hurcin, and they indudc dinosaurs. tigers, lions, snakt•s, pen·
guins, dmgons, girull'cs, elephants, pandas, bt•m;;, butterflies,
animal imprinting s u r l l t c ~ o • , This pnrtkuhtr surlilcc shows
series nf ladyhugs
on
Icaws. I encu, when a perwn nr child
\Waring the shoes walks on a soil surlhce, an imprint of
ladybugs on leaves will be
made.
lnuddition to an outline of
the lentured animal, animal lootprints can Jbrm the imprint
surlht•e (see soles
6B,
6C. and 6D of FJCJS. 2B, 313, and 4B.
respectively). Other animal figures,
of tlw
prust•nt
invt111lion,
that
lllflll the
impf'inting
Sttl'f<ll'l.' of the pres\.'111 illl'<.)l}tion
include
nnimul
symbols. tmmes, habitats. (e.g., grnss, leaves,
rocks. wat<.'r), uninwl outlines, and the liku. The animal llg
ures
that
lbrm the imprinting sttrHtce can he ruputitive or
non-repetitive. In a prelened embodiment, the animal
imprinting surlitce on the bottnm surlitce
of
he solu relates to
or matelws the animal
Jlgure
of
the upper.
For
example.
webbed l ' c t ~ t imprinting surlltce with a dttt·k animal !1gure is
Case 1:13-cv-11442 Document 1-3 Filed 06/14/13 Page 20 of 21
us 8,371,044 82
7
used in an embodiment. The animnl print of the imprinting
surtl1c<' relates to the mwtomy, lwbitat or wny ol' lite of the
featured animal of the upper.
R e f ~ , r r i n g to FIGS. 2A-2C. alligator shoe
20 of tlw
present
invention features
an
alligator. In these ligures, ulligator
upper 413
includes contmu-:-; (e.g., projections
and r<e-t,esses)
that shape the alligator's mouth. teeth, beak. eyes, and skin
pattern. The projections nne! rec·esses arc l'mther shaped
to
include swamp-like gruss. The bottom imprinting surll1ce of
sole
613 has
a sericsofcuntours thatlhrm alligator
teet
and lily 10
pads.
Similarly. FIOS. 3A-C shows the plastk moldt:d lh>g shnL'
40 of the present invention in whkh the contours nmn a three
dimensional
tiDg.
Fmg upper 4C includes pmjections
and
recesses that ure shaped In include a mouth, eyes, nostrils, the ts
rmg's skin pattern (e.g., bun1py), and its habitat !lwt i n c l u d e ~
grass. The imprinting surll1c<.> of sole 6C' has pwjcctions and
recesses
that
lbnn webbed
feet,
lily pads and grass.
A three dimensional duck llgure
is thu focus of' duck shoL'
60
shown in FIOS. 4A-C. Duck upper 4D's projections
and
2n
recesses lbnn the ducks beak, nostrils, mouth, eyes, leathers,
and gmss, while the corresponding bottom surlhce of sole
6D
is shaped to formed duck 1\.·ct, lily pads, and grass.
FIG. SA shows u side view ofthre<.'-dimensionul inch worm
shoe
50. In
this embodiment, toe
cnp
52A, mllsolc 54A, 56;\
25
and 5413 and sole 66 nrc I pkce, l\m11Cd by molded material.
The toe cup 52
A
hus the !lll'<.'e-dimensional figure made n·om
a plurality of recesses and projections, as described herein.
The toe cnp covers the toes
and
extends
to
oulsok•
54
A, wmps
urnund the heal
at
outsolc 56A, and extends along the nth()t' :w
side at outsnle
54 B.
The toe cap serves to protect
the
toes. The
nutsok tngclhcr with tlw toe cap l(>nns the thrcc-dimcnsionnl
f i g u r L ~ . In particular, ttw cup 52;\ includes eyes
60A
and 60B,
mouth 58;\ and :mtcnac 62A and 6 2 1 ~ to l!mn the thrce
climemional Htce of the inchworm ligure. The three dim en- J5
sional design continues
to
outsole
54J\,
56A
and
54B
as
the
inch worm's body. recesses p r L ~ j e c t i o n s lbrm tlw
tlu·,,e dimensionul 11gure have a depth that mnges between 2
nun unci nbout 20 nun. FIG. 513, showing the top view of
threc-dimensionul inch worm shne 50. 'J1JC tnp view shows 40
that mtlsole 54:\, 56;\, and 54B fbrms tho thrce-dimensionnl
body of!he inch worm. Sole 66 has a bottom surlitce with a
imprinting surlhce thnt relntcs to the inch worm figuw oJ' the
toe cap. See J7fG. 5C. As described herein, the imprinting
surlill'e is a seri()s of ' < ~ < . : < . ' s s e s
and
projections that form :1 45
paltern that relates to the
ligure.
In this
case, the pattern
includes tlw footprint or an
ilwh
worm. Those recesses unci
projections
huve
u depth thnt ranges t'rom nhout 2 mmto about
I 0 mm.
The Ji·ont ~ n d back views are shown in FIGS. SD and 5E of so
tlU'ee-dimensionnl inch worm shoe 50. From these views,
it
can be more rkurly seen that the toe cap and outsnlc
form
an
three-dimensional figure, rather than u llat image that is
painted on or othurwise adhered
to
the sllt'lhce.
FIGS. 5A-51\ show thtw-dimensionnl inch worm shoe 50 '-'
with a modified upper, namely Z-stmp upper 64A. The upper
is modified Ill fit
the
I
pk>ce
molded
toe
cap/outsole. The
upper is adapted
to lit a smnller surface area or the l\1ot,
reduced by that which is alr()ady covered hy the toe ''apl
outsole. The modilkd uppers can
hi.' substitut<.'d hy st.'V<.H'td
Go
other types of uppers. For example, !he uppers,
in this
aspect,
can be stitched leatlwr and/or made fi·om synthetic nwterials.
FICIS. SF, SG, and 51-1 show three-dimensionul inch worm
shoe 70,80 and 90 respectively. The diiTenmce bt:!wcen these
shoes is the
modilled upper used. In tl11·ee-dinwnsional inch 65
worm shoe
711,
has modi lied snc;1kcr upper
6413,
which uses a
hook und loop lhstcncr. The design in FIG. SU utilizes modi-
8
lied stwaker upper 64C having laces, and the shot: design of
FIG. Slluses modilkd "Mary Jane" uppl'r 64D.
Similarly, Flli. 6 shows another design
that
utilizes
a
toe
eup and
outsok•s to
liJI'm the
three-dimensional ligure.
In
this
L'nse, threc-dimensinnalli;r.nrd shoe I 00 is shown. In this case,
the fuce or the lil'urd figure includes mouth 5813, eyes 50;\1
and
60A2
(not shown) and nostrils 66A and
6613
(not shown).
The various leatut·es are designed
tn
resemble a lizard. Out
sole
54
A
f, 56
Band 54131 (not shown) im,ludcs the body and
the kgs ortlw lil'tird. The designnl' !hc \llltwle is continuous
lrom!he d()sig.n ofthe toe cap. Modifk'd Z-strap upper 64E is
utili;r()d in this embodiment nftli\J lizard shoe. Ilowev()r, any
ol'th() modifk'd uppc1-:>,
us
dcscrib()d herein
cnn
be used.
Any
upper known in the
ml
or developed
in
the future. can be
adapted to be used with the toLl cap and outsoles having n three
dimensional
d\Jsign
nf!hc pn.'sent inventinn.
Flli. 7 shmvs a lktional animal chlll'actcr,
tiH'l'()-dimen
sional lrecper shoe l I
0.
The animal figure is a fictional tree
creeper. The l\1ce or toe cap 58C is cnmpl'iscd of mouth 58C,
eyes 60;\2
und
6tlB2 (not shown). horn
6RA
and 6813 (not
shown). The toe cap serves to protect the toes, and generally
is
US()d to form the Jhcc 0
f' the three-dimensional figure.
An:ordingly, in anembodim()llt,
t h L ~
toe cap includes
at
kast
a mouth
and
eyes,
nnd L'an further include one or more ofthc
lbllowing: antler$, horns, nostrils,
and urm>. As in
this llgure,
the toe cap f'urlht:r includes horns, and urms, Tlw !hrce-di
mcnsional design of' !hl' tree l'!'ceper is continued ;dong \llll-
sole 54A2, 56C and 54132 (not shnwn).
Tlw nwterinl of the mokk-tl shoe
is
prctcmhly
a molded
plastk.
but
cnn
he mud()
of rubber, vinyl, thennopluslic mat()
rial, tlwnnosetting plastic material, or any other maleriulthat
cun lw molded. The invention can use any molded plastk
including Ethylene Vinyl Acetate (EVA),
n1bbcr,
Thcrmo
Piuslic Rubber ('I'PR), l'nlyurelhane (PU), (PolyVinyl Chlo
ride) PVC und
combinations thereo[
In
an embodiment, the
shoes
of
the present invention are an injcclion molded
EVA.
EVA, is
n copolymer of ethylene and vinyl acetate. E\Z<\ is a
polymer that is soli and flexible, ami processed like a ther
moplastic. E \ ~ ' \ and other tlwnnoplaslic mnterial arc conl-
mercially nvailahl()
lh1111 a
numher of retailers including
Dupont.
Injection molding is n n w m d i : ~ c t u r i n g techniq11c that uses
materials such as thermoplastic and thermosl.'tling plastic
materials. Molten plastic is injected at high pressme into a
mold, which is tlw invcr:w of he s h o ~ . , · ~ shape (e.g., an
invel'Sl'
ofthe
thre()
dimensional contow-:>nl'the animalligure and the
invcrsl' of the corresponding animal imprint on tlw bottom
imprinting SllrliiCL'), ;\(kr Ull embodiment or !he present
invention is designed, mnlds arc made e.g . fhml metal, usu
ally either steel or aluminum, and precision-machined to li.>nn
the lcaturcs of the shoe.
The shoe of the prcs()nl invention, in an aspect, is m a d ~
in
part or in whole from a material that is rel')'Ciabll.). In a
prelerred embodiment, the who ~ ; ~ shoe inch1ding the simp nnd
optionally the means !(w securing the strap is made ll·om a
recyclable material.
The present inventiun includes method of printing animal
prints
on a surliwe using the shoes of the present invention.
Tlw method invnlvos tho user who is weal'ing the shoe step
ping
nn
a sul'fhce. '!'he act of sll•ppiug or applying pressure to
!he bottom imprinting surfhcc or the shoe l'renlcs l l l l impres
sion
on
the surlilce. The surlhec cm1 he u soil or ,;pnngy
surll1ce,
sm;h as soH
dirt, mud, and
sum!.
The depth of the
indentations (e.g.., the pmtrusions and
r < : c c s s ~ s )
that limn the
animal print on the bottom s u r ! i 1 c ~ of the shoe allows
LlJIC
to
malw an impression or imprint on the surfarc. Tho nwthod
further includes 11rst pludng the shou
1111
the Wl'amr's lee!.
Case 1:13-cv-11442 Document 1-3 Filed 06/14/13 Page 21 of 21
us 8,371,044 82
9
Alternatively, the imprints can he made on a harder or llat
surlhc<• when surlhcc is coated with a print making solutions
(e.g., washable paint), In yd
another umbodiment, solutions
which reacts only to
the
surll!Ce on which
the
ust•r is stepping
to show color. Another embodiment is wetting the bnttnm
sul'illcc of tlw shoe and making prints nn u dry s u r l i l t ~ e such
that the print can be seen when wet.
10
dimensionnl animal or character l i g u r ~ having one or
more l c ; ~ t u r c s arc a single piece lbrnwd
hy u molded
material.
2. The shoe of claim I, wherein the sole
lws
a bottnm
surlhc:c that com prist's a series ol'prnjcctions and recesses
thut
l(mn ll print to thct·eby nmn un imprinting surlhce, wherein
the llgure
on
the onter surface
of he
toe cap relates tn the
of
the
imprinting surlhcL'.
I XEMPI JFICATION
1\xumplc I
3. The shne ofcluim
I,
wherein
the
molded material com
to priscs 1\thykmc Vinyl ; \ < . ~ < . ~ t a t e (EVA), rubber, Thcrmol'lastk
Rubbc•r
(TI'R), l'nlyurcthanc (l'U),
and
(PolyVinyl Chloride)
PVC.
The shoes shown in the FIGS. 1-4 wcm made using EVA
injection molding techniques. A mold
of
each of the animal
shoes were precision nuwhined to lorm the inverse of the ts
flgurtJ. MoltenEVA was injected at high prcssme into a mold
to form the shoe. Snups were adckd to the straps li:lr securing
the strap
to
the shoe.
Example 2
The shoes shown
in FIGS. 5-7 where made using the
fol
lowing process. These shoes were made using injection mold
ing. t<.>chniqtws. A mold of ead1
of
the animal shoes were
precision machined
to
lhnn the inverscorthc toecap, sole and 25
outsolc nl'
the
shoe shown
in
the FIGS. 5-7. Molten thermo·
plastic was injected at high pressure into u mold
to
lurm
tlw
shoe. The lllt1dified
upper, nnmely, Z-stmp upper, sneaker
upper having a hook and loop fnstener, modilicd sneaker
upper having laces, or modified "Mary Jane" upper were .lo
attm:hcd, as shown,
to
11ll' toe cap and out soles with adhesive.
shown,
to
the J(H·
securing the strap
to the
shoe.
The rckvant teachings ofullthe rdcrcnccs, puk'nts and/m
patent applications cited herein are incorpomted herein by 35
reference in their entirety.
4. The shoe
of
claim I, whcmin the shoe further includes
straps, hook and
loop
l h s t ~ n c r s , or laces.
5.
A
m o l d ~ d shoe, the shoe comprises:
u. a sole having an nut sole wherein the lltltsolc has u bnttom
surl1lce
that
comprises
a
series
of
projections
and
recesses that
lbnn an
ani nml print ltll' un animal.
to
thereby nbtnin
an unimul
imprinting surlitcc;
and
b.
a toe ctlp, wherein the toe cup and the outsnlc comprise
an outer surlhce that comprises a series of pmjections
nne! recesses
that
lbrm a three-dimensional nnimalligure
having one
OJ'
more features, whcr<.>in the toe cup,
the
sole,
tlw
outsnlc, the unimal imprinting surface,
and
threll-dimensional animal having one or more n ~ a t u r c s
nrc a single piece limned by a molded mutcriul; and
c. Wlllppcr. tidupted to llttach to the toe t'up;md the nutsole;
wherein the projections
and
r e c ~ s s e s oft he aninwl imprint
ing surlbce a Iow
one wearing the shoe
to
make imprints,
and
till' animal llgllrc
on
the outer surlhcc of the upper
relates to the aninwl
oftlw animal imprinting sur-
litcc.
6. The molded shoe ol'claim 5, wherein the molded
mute
rial is recyclable or
mude
Ji·nm rt'Cycled plastic material.
7.
The molded shoe
of
claimS, wherein the m1imal imprint
ing. surlhce includes projections and recesses that
l(mn foot
prints ot' three-dimensional animal ligurc.
hik
this
invention hus been purticulm·ly shown nnd
described with relcrcllC<.•s to prdcrred embodiments t h e r e n l ~
it will be understood by those skilled in the !lrt that vnrinus
in may he
departing from the scopeofthe invention encompassed by the
appended claims.
8. The mokkd shocol 'claim7, whcrl'intlw animal imprint
ing. surltlCC has projections, recesses, or both
that
lwve ndepth
4U that
ranges between ahout 2 111111 to "bout 5 111111 to thereby
ohtuin an uninwl imprinting surfhcc.
What is
claimed
is:
I. A shoe that comprises:
a. a sole that includes an outsolc extending. therefrom, 45
wltc!'cin the outsole hus a bottom surfltcc;
h. a toe cap, wherein the toe cap
and
the outsnk comprise
9. The molded shoe of claim 5, wherein the toe cap, the
out sole or both, include a series
of
proje<.:tions and rc<.·esses
that
limn
an
animnlligure
that
hns eyes
and a mouth.
10. The molded shoe of cluim
8,
whcrdn the toe cap, tlw
outsolc or both further include ll series
or
projections and
recesses thut lhrm ananimalligurc
thut
has one or more ofthe
li11lmving: <lllinwl skin pattern, leathers, scales, tl\lsc, teeth,
gmss, legs, eyes, toes, lcet, ears,
ltll\
mouth, claws Ol'
any
nn outer surlhcc
that
comprises a series of projections
and
r e c c s s ~ s
that
lbrm a three-dimensional figure having
one
or more features, wherein
the toe
cap, t h ~ sole,
the
nutsolc, and
the
thrcc-dimcnsionul animal or c h u n K ~ t e r
flg.urc having one or more f ' e u t u r ~ s un.l u single piece
ltmned
by 11 molded material:
and
sn
combination thereof.
c.
;mupper, 'adapted to attm:h to
the
toe cup ami the nut
sole
wlwrein the toe cap, the sole, the outsolc und the three-
11. 'lllC molded shoe of claim 9. wherein t h ~ projections.
r ~ c c s s c s or both nfthe toe cup, outsole or both haw a dt•pth
that ranges lwtwcen about 2 nun to about
20 111111.
*
JS 44 (Rev. 12/12) CIVIL COVER SHEETThe JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OFTHE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4
of Business In This State
’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6
Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only)
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act
’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 400 State Reapportionment
’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 ’ 410 Antitrust
’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 430 Banks and Banking
’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 450 Commerce
& Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 460 Deportation
’ 151 Medicare Act ’ 330 Federal Employers’ Product L iabi lity ’ 830 Patent ’ 470 Racketeer Influenced and
’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 840 Trademark Corrupt Organizations
Student Loans ’ 340 Marine Injury Product ’ 480 Consumer Credit
(Excludes Veterans) ’ 345 Marine Product Liability LABOR SOCIAL SECURITY ’ 490 Cable/Sat TV
’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 850 Securities/Commodities/
of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud Act ’ 862 Black Lung (923) Exchange
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) ’ 890 Other Statutory Actions
’ 190 Other Contract Product Liability ’ 380 Other Personal Relations ’ 864 SSID Title XVI ’ 891 Agricultural Acts
’ 195 Contract Product Liability ’ 360 Other Personal Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 893 Environmental Matters
’ 196 Franchise Injury ’ 385 Property Damage ’ 751 Family and Medical ’ 895 Freedom of Information
’ 362 Personal Injury - Product Liability Leave Act Act
Medical Malpractice ’ 790 Other Labor Litigation ’ 896 Arbitration
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 791 Employee Retirement FEDERAL TAX SUITS ’ 899 Administrative Procedure
’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: Income Security Act ’ 870 Taxes (U.S. Plaintiff Act/Review or Appeal of
’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee or Defendant) Agency Decision
’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party ’ 950 Constitutionality of
’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 State Statutes
’ 245 Tort Product Liability Accommodations ’ 530 General
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION
Employment Other: ’ 462 Naturalization Application’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration
Other ’ 550 Civil Rights Actions
’ 448 Education ’ 555 Prison Condition
’ 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
’ 1 OriginalProceeding
’ 2 Removed fromState Court
’ 3 Remanded fromAppellate Court
’ 4 Reinstated or Reopened
’ 5 Transferred fromAnother District(specify)
’ 6 MultidistrictLitigation
VI. CAUSE OF ACTION
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
Brief description of cause:
VII. REQUESTED INCOMPLAINT:
’ CHECK IF THIS IS A CLASS ACTIONUNDER RULE 23, F.R.Cv.P.
DEMAND $ CHECK YES only if demanded in complaint:
JURY DEMAND: ’ Yes ’ No
VIII. RELATED CASE(S)IF ANY
(See instructions):JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
Case 1:13-cv-11442 Document 1-4 Filed 06/14/13 Page 1 of 2
Polliwalks, Inc.
Middlesex County
Jeffrey E. Francis, Pierce Atwood LLP100 Summer Street, Suite 2250Boston, MA 02110 Tel: (617) 488-8136
BBC International, LLC andFamily Dollar Stores, Inc.
35 U.S.C. Sec. 271 et seq.
Patent Infringement
06/14/2013 /s/ Jeffrey E. Francis BBO #639944
Print Save As... Reset
JS 44 Reverse (Rev. 12/12)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversitycases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.
V. Origin. Place an "X" in one of the six boxes.
Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407.
When this box is checked, do not check (5) above.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictionalstatutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
Case 1:13-cv-11442 Document 1-4 Filed 06/14/13 Page 2 of 2
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
1. Title of case (name of first party on each side only)
2. Category in which the case belongs based upon the numbered nature of suit code listed on the civil cover sheet. (See local
rule 40.1(a)(1)).
I. 410, 441, 470, 535, 830*, 891, 893, 895, R.23, REGARDLESS OF NATURE OF SUIT.
II. 110, 130, 140, 160, 190, 196, 230, 240, 290,320,362, 370, 371, 380, 430, 440, 442, 443, 445, 446, 448, 710, 720,740, 790, 820*, 840*, 850, 870, 871.
III. 120, 150, 151, 152, 153, 195, 210, 220, 245, 310, 315, 330, 340, 345, 350, 355, 360, 365, 367, 368, 375, 385, 400,422, 423, 450, 460, 462, 463, 465, 480, 490, 510, 530, 540, 550, 555, 625, 690, 751, 791, 861-865, 890, 896, 899,
950.
*Also complete AO 120 or AO 121. for patent, trademark or copyrigh t cases.
3. Title and number, if any, of related cases. (See local rule 40.1(g)). If more than one prior related case has been filed in thisdistri ct please indicate the title and number of the first fil ed case in this court.
4. Has a prior action between the same parties and based on the same claim ever been filed in this court?
YES 9 NO 9
5. Does the complaint in this case question the constitutionality of an act of congress affecting the public interest? (See 28 USC§2403)
YES 9 NO 9
If so, is the U.S.A. or an officer, agent or employee of the U.S. a party?
YES 9 NO 9
6. Is this case required to be heard and determined by a district court of three judges pursuant to title 28 USC §2284?
YES 9 NO 9
7. Do all of the parties in this action, excluding governmental agencies of the united states and the Commonwealth of
Massachusetts (“ governmental agencies”), residing in Massachusetts reside in the same division? - (See Local Rule 40.1(d)).
YES 9 NO 9
A. If yes, in which d ivi sion do al l of the non-governmental par ties res ide?
Eastern Divisi on 9 Central Division 9 Western Division 9
B. If no, in which division do the majority of the plaintiffs or the only parties, excluding governmental agencies,
residing in Massachusetts reside?
Eastern Divisi on 9 Central Division 9 Western Division 9
8. If filing a Notice of Removal - are there any motions pending in the state court requiring the attention of this Court? (If yes,
submit a separate sheet identifying the motions)
YES 9 NO 9
(PLEASE TYPE OR PRINT)
ATTORNEY'S NAME
ADDRESS
TELEPHONE NO.
(CategoryForm12-2011.wpd - 12/2011)
Case 1:13-cv-11442 Document 1-5 Filed 06/14/13 Page 1 of 1
Polliwalks, Inc. v. BBC International, LLC et al.
N/A
Jeffrey E. Francis, Joseph M. Maraia
Pierce Atwood LLP, 100 Summer Street, Suite 2250, Boston, MA 02110
(617) 488-8136