In order to meet the criteria required for a patent there must be four
things satisficed , (1) it must be patentable, (2) the object needs to be
novel, or new, (3) it must be useful unless it is a design, and (4) the
object most be nonobvious (Kubasek et al., 2020 ). Out of these four
requirements the patent only met two of them. The judge ruled that
the defendant did infringe upon the patent but that due to the patent
not meeting all of the requirements it is invalid so the defendant
does not need to change his business practice. The judge ruled in
favor of the defendant due to the idea not being novel or
nonobvious. I do agree with the judges decision in this case. In the
video the plaintiff argued that other online stores used similar
processes but they were not specifically about shoes. There are
plenty of stores that have been using similar processed but their are
also a lot of solely shoe stores that use the same process as well.
Online shoe stores such as JustFab, Hibbett, and stitchfix offer
customers shoe quizzes that find out their preferred styles, color and
size.
Reference: Kubasek, N., Browne, M., Herron, D., Dhooge, L., Herron,
D., Barkacs, L. (2020). Patents. McGraw-Hill Connect.
