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. a The judge ruled in favor of
the defendant due to the idea not being novel or nonobvious. a 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.
