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Rothwell Figg Secures Victory for K-Swiss Inc. in Federal Circuit


Thursday, April 24, 2014

Rothwell, Figg, Ernst & Manbeck, P.C., a leading intellectual property firm in Washington, DC secures victory for K-Swiss Inc. in the U.S. Court of Appeals for the Federal Circuit matter against German-based OnClouds GmbH (formerly Glide’n Lock GmbH).

In its April 23, 2014 decision, the Court found all claims of U.S. Patent No. 7,181,866 invalid. The ‘866 Patent relates to arrangements for cushioning and stability in athletic shoes. K-Swiss initially challenged the validity of the ‘866 claims in an inter partes reexamination. A prior decision by the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office found certain claims invalid for anticipation, but claims asserted as invalid for obviousness were upheld. K-Swiss appealed as to the claims that were not found invalid, while OnClouds cross-appealed as to the claims previously found invalid.

The Federal Circuit concluded that all claims of OnClouds’ ‘866 patent were invalid, affirming the previously rejected claims, while also finding the claims previously upheld should have been rejected for obviousness.

“We are obviously quite pleased by this decision in which the Federal Circuit recognized that the teachings in the prior patent literature invalidated all of the claims,” commented Steven P. Weihrouch, counsel for K-Swiss.

Steven P. Weihrouch, Jeffrey R. Fougere and Jennifer P. Nock represented K-Swiss Inc. in this matter.

About Rothwell, Figg, Ernst & Manbeck, P.C.

Rothwell, Figg, Ernst, & Manbeck, P.C. is a highly regarded legal services organization engaged in the practice of intellectual property law on a worldwide basis advising some of the world’s largest companies as well as start-up companies. Our legal services encompass all areas of intellectual property law including patent, trademark, copyright, trade secrets and unfair competition law. Additionally, we provide professional services relating to licensing, contract and other matters which involve intellectual property law. We also provide advice and representation with respect to First Amendment and defamation issues.



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