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HIGH POINT DESIGN LLC v. BUYERS DIRECT, INC.

No. 2012-1455.

730 F.3d 1301 (2013)

HIGH POINT DESIGN LLC, Plaintiff/Counterclaim Defendant-Appellee, and Meijer, Inc., Sears Holdings Corporation, and Wal-Mart Stores, Inc., Third Party Defendants-Appellees, v. BUYERS DIRECT, INC., Defendant/Counterclaimant-Appellant.

United States Court of Appeals, Federal Circuit.

September 11, 2013.

Attorney(s) appearing for the Case

Jeffrey M. Kaden , Gottlieb Rackman & Reisman, P.C., New York, NY, argued for plaintiff/counterclaim defendant-appellee and third-party defendants-appellees. With him on the brief were David S. Kashman and Steven Stern.

Andrew M. Ollis , Oblon, Spivak, McClelland, Maier & Neustdt L.L.P, Alexadria, VA, argued for defendant/counterclaimant-appellant. With him on the brief were Frank J. West and Philippe J. C. Signore.

Before O'MALLEY, SCHALL, and WALLACH, Circuit Judges.

SCHALL, Circuit Judge.

Buyer's Direct, Inc. ("BDI") appeals from a final judgment of the United States District Court for the Southern District of New York holding BDI's asserted design patent invalid on summary judgment and also dismissing BDI's trade dress claims with prejudice. See High Point Design LLC v. Buyer's Direct, Inc., No. 11 CIV. 4530, 2012 WL 1820565 (S.D.N.Y. May 15, 2012) ("Final Decision"). For the reasons set forth below, we reverse...

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