GCE Int'l v. High Point Design - Complaint

Case 1:20-cv-00696 Document 1 Filed 01/24/20 Page 1 of 10
Christopher R. Kinkade, Esq.

Ryan N. Miller, Esq.
FOX ROTHSCHILD LLP
101 Park Avenue, 17th Floor
New York, New York 10178
Telephone: 212-878-7900
Facsimile: 212-692-0940
Attorneys for plaintiff GCE International Inc.
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK
GCE INTERNATIONAL, INC., Civil Action No.: 1:20-cv-696
Plaintiff, ECF CASE
v. COMPLAINT FOR
DECLARATORY JUDGMENT
HIGH POINT DESIGN LLC,
Jury Trial Demanded
Defendant.
Plaintiff GCE International, Inc. (“Plaintiff” or “GCE”) alleges the following facts in
support of its complaint for declaratory judgment against Defendant High Point Design LLC
(“Defendant” or “High Point”).
NATURE OF THE CASE
1. This action is a declaratory judgement action of invalidity and unenforceability of U.S.
Patent No. 10,342,267 (the “’267 Patent”) to Joseph Habert and currently assigned to High Point.
At least one of GCE’s customers has received a cease and desist letter from counsel for High Point
alleging infringement of the ’267 Patent and specifically accusing a product sold by GCE. In view
of High Point’s allegations against GCE’s product, GCE seeks declaratory judgment that the
claims of the ’267 Patent are invalid for failure to comply with at least one requirement of the
Patent Act. GCE also seeks a declaratory judgment that the ’267 Patent is unenforceable. A copy
of the ’267 Patent is attached to this Complaint as Exhibit A.
PARTIES
2. Plaintiff GCE International, Inc. is a New York Corporation with its principal place of
business in New York, New York.
3. On information and belief, Defendant High Point Design LLC is a New York Limited
Liability Company with its principal place of business in New York, New York.
JURISDICTION AND VENUE
4. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. §§
1331 and 1338(a). Plaintiff asserts causes of action arising under the federal Declaratory
Judgement Act, 28 U.S.C. §§ 2201, 2202 and the Patent Act 35 U.S.C. §§ 100 et seq., and its state
law claims are part of the same case or controversy.
5. This Court has personal jurisdiction over High Point because it is a New York Limited
Liability Company with its principal place of business in New York.
6. Venue is proper pursuant to 28 U.S.C. § 1391(b)(1)-(2) because High Point resides in
this District and a substantial part of the events giving rise to the claims occurred in this District.
7. An actual case or controversy exists giving GCE standing under Article III of the
United States Constitution to file this declaratory judgment action pursuant to 28 U.S.C. §§ 2201,
2202. Specifically, High Point, through its counsel, sent a letter dated January 10, 2020 to GCE
customer CVS Health Corporation (High Point Letter). A copy of the High Point Letter is attached
as Exhibit B. In the High Point Letter, High Point states:
The '267 patent claims, inter alia, the following features: a slipper
sock shaped to receive and encapsulate a person's foot, including an
inner pouch and outer pouch being attached at the top of the slipper
sock, borders inseparably fastened together about their entire
2
circumferences to form a collar, and the inner pouch folded over the
outer pouch border.
See Exhibit B, at 1. High Point continues:
It has come to our attention that CVS Health Corporation ("CVS")

is and has been offering for sale numerous slipper socks that read on
the limitations of claim 1 of the '267 patent. By way of example, we
refer you to a photograph of a CVS slipper sock as shown in Exhibit
2, enclosed herewith. It is our opinion that the CVS slipper sock
shown in Exhibit 2, as well as others like it, infringe the '267 patent
by incorporating each of the features set forth in claim 1.
Id. A photograph of the product taken from the High Point Letter is reproduced below.
The product shown in Exhibit 2 of the High Point Letter and reproduced above is a product GCE
sold to CVS. Upon identifying GCE’s product as infringing, High Point then demanded that CVS
cease and desist from any alleged infringement, provide an accounting of the allegedly infringing
inventory, provide the identity of CVS’s vendors, and agree to a permanent injunction prohibiting
CVS from selling any allegedly infringing products. See id. at 2. Therefore, the dispute that now
exists between GCE and High Point is real and substantial, and a case or controversy exists
between the parties.
3
CAUSES OF ACTION
COUNT I
Declaration of Patent Invalidity under 28 U.SC. § 2201
8. GCE repeats and realleges each and every allegation set forth in the preceding
paragraphs as though fully set forth herein.
9. The ’267 Patent issued on July 9, 2019 from U.S. Patent Application Serial No.
14/817,867 (the “’867 Application”) filed on August 4, 2015 and claiming priority to U.S.
Provisional Patent Application Serial No. 62/032,914 filed on August 4, 2014.
10. The ’867 Application was filed on behalf of Joseph Habert, the sole inventor listed on
the face of the ’267 Patent.
11. On August 4, 2015 Habert assigned his entire right to the ’867 Application (and
consequently to the ’267 Patent) to Jacques Moret Inc. This assignment is attached as Exhibit C.
12. On September 20, 2019 Jacques Moret Inc. assigned its entire right to the ’267 Patent
to High Point Design LLC. This assignment is attached as Exhibit D.
13. On information and belief, Jacques Moret Inc. and High Point Design LLC are both
owned by The Moret Group, Inc. (“Moret Group”).
14. The ’267 Patent is void and/or invalid for failure to satisfy the conditions of
patentability specified under Title 35 of the United States Code, including but not limited to 35
U.S.C. §§ 101, 102, 103, and/or 112.
15. The ’267 Patent is invalid pursuant to 35 U.S.C. § 102(a)(1) because the claimed
invention was in public use, on sale, or otherwise available to the public before the effective filing
date of each claim of the ’267 Patent, including, at a minimum, the following product purchased
from a CVS retail store in December 2012.
4
16. The ’267 Patent is also invalid pursuant to 35 U.S.C. § 102(a)(1) and/or 35 U.S.C. §103
because the claimed invention was described in one or more printed publications before the
effective filing date of each claim of the ’267 Patent, including, at minimum U.S. Design Patent
No. D598,183 (the “’183 Design Patent”), published on August 18, 2009. The ’183 Design Patent
is attached as Exhibit E, Figure 1 of which is reproduced below.
5
17. In addition, the slipper socks described and claimed in the ’267 Patent were well known
in the industry and thus would have been obvious in light of the prior art, including at minimum
the prior art identified above, which results in the claims of the ’267 Patent being obvious and thus
not patentable under 35 U.S.C. § 103.
18. For example, High Point submitted photographs of its own product on March 20, 2012
in support of a motion for summary judgment seeking invalidity of the ’183 Design Patent. An
exhibit containing some of these photographs is attached as Exhibit F. One of the photographs in
Exhibit F taken from High Point’s summary judgment filings is reproduced below.
19. There is a continuing justiciable controversy between GCE and High Point, as to High
Point’s right to threaten or maintain suit for infringement of the ’267 Patent, and as to the validity
and enforceability thereof.
20. Accordingly, GCE is entitled to a declaration that the claims of the ’267 Patent are
invalid for failure to meet the conditions of patentability or otherwise to comply with the
requirements set forth in 35 U.S.C. §§ 101, 102, 103, and/or 112.
6
COUNT II
Declaratory Judgment of Unenforceability of the ’267 Patent under 28 U.SC. § 2201
22. An intentional concealment of prior art that is material to the patentability of the
inventions claimed in a patent, an affirmative misrepresentation of a material fact, and/or the
submission of false material information with an intent to deceive the United States Patent &
Trademark Office (“PTO”) constitutes inequitable conduct before the PTO.
23. The ’267 Patent is unenforceable because one or more persons involved in the
prosecution of the ’267 Patent deliberately withheld one or more known material prior art
references from the PTO and made material misrepresentations to the PTO during prosecution of
the ’267 Patent. The single most reasonable inference that the Court can draw from each of these
acts is that the deliberate withholding of these material references and the material
misrepresentations were done with the specific intent to deceive the PTO.
24. High Point was aware of the ’183 Design Patent at least as of July 1, 2011 when it filed
a declaratory judgment action seeking invalidity and non-infringement of the ’183 Design Patent,
High Point Design LLC v. Buyer’s Direct Inc., No. 11-cv-04530 (S.D.N.Y., filed July 1, 2011).
25. Thus, the Moret Group, including High Point and Jacques Moret Inc., was aware of the
existence of the ’183 Design Patent and of High Point’s products that were accused of infringing
the ’183 Design Patent prior to the effective filing date of the ’276 Patent.
26. During Prosecution of the ’267 Patent, Mr. Habert, High Point, Moret Group, Jacques
Moret Inc., their counsel, including Howard Mandelbaum then of the law firm of Levine
Mandelbaum PLLC, knew or should have known that all patent applicants and their counsel are
7
under a duty to act with good faith and candor before the PTO and are required under 37 C.F.R.
§ 1.56 to disclose material information to the PTO.
27. The attorneys and agents who prosecuted the ’267 patent on behalf of Mr. Habert and
the Moret Group, including High Point and Jacques Moret, including but not limited to Mr.
Mandelbaum of Levine Mandelbaum PLLC, were registered patent attorneys who knew or should
have known of their duty of good faith and candor before the PTO and the requirement of 37
C.F.R. § 1.56 to disclose material information to the PTO.
28. None of Mr. Habert, the Moret Group, including High Point and Jacques Moret, or Mr.
Mandlebaum or anyone else at Levine Mandelbaum PLLC or his current firm Mandelbaum Silfin
Economou LLP submitted the ’183 Design Patent or High Point’s prior art products to the United
States Patent and Trademark Office during prosecution of the ’267 Patent.
29. In a December 18, 2018 Response to a Non-Final Office Action, attached hereto as
Exhibit G, Mr. Habert and Mr. Mandelbaum added language to claim 1 that would lead to the
allowance of the claims requiring that the pouches be “inseparably fastened together about their
entire circumferences” and argued against the pending rejection. Mr. Habert and Mr. Mandelbaum
also stated unequivocally that “prior art cited but not applied in the rejection is believed to be
inapposite to the claims.” No mention was made of the ’183 Design Patent and/or High Point prior
art products known to the Moret Group for at least six years at the time.
30. The PTO issued a Notice of Allowance for the ’867 Application on April 25, 2019.
31. On July 9, 2019 the ’867 Application issued as the ’267 Patent.
32. One or more of the ’183 Design Patent and/or High Point prior art products at least
includes the limitation “inseparably fastened together about their entire circumferences” which led
to the allowance of the claims. This and other information in the ’183 Design Patent was “but-for”
8
material to the examination that led to the ’267 Patent because the PTO would not have allowed
one or more of the claims of the ’267 Patent had it been aware of those references.
COUNT III
Tortious Interference with Prospective Economic Advantage
34. Plaintiff had valid and existing business relationships with various customers,
including CVS, and prospective customers throughout the country.
35. Defendant’s unfair and improper allegations of infringement of a patent that Defendant
should know to be invalid have interfered with those relationships, causing Plaintiff’s customers
to question the integrity of that relationship and the reliable supply of products.
36. Defendant intended to cause harm to Plaintiff when it sent the High Point Letter to
Plaintiff’s customer, CVS. Defendant has sent similar letters to many retailers, including other of
Plaintiff’s customers, alleging that various products (including those made by third parties)
infringe the ’267 Patent. Upon information and belief, Defendant’s primary purpose of such letters
is to entice retail customers to stop supplying competitive products and instead source their product
needs from High Point.
37. Defendant’s actions were not justified or privileged.
38. As a result of Defendant’s conduct, Plaintiff suffered, and is entitled to recover,
compensatory and punitive damages in an amount to be proven at trial
39. Plaintiff has suffered and will continue to suffer irreparable harm for which there is no
adequate remedy at law.
PRAYER FOR RELIEF
Wherefore, GCE prays for the following relief against High Point:
9
A. For a declaration and judgment that the ’267 Patent is invalid and/or unenforceable;
B. Entry of an Order that GCE is the prevailing party, that this is an exceptional case under
35 U.S.C. § 285 because High Point brought this action with wrongful intent, or at least gross
negligence, and with knowledge that GCE’s accused products do not infringe any valid claim of
the ’267 Patent, with knowledge that the claims of the ’267 Patent are invalid under 35 U.S.C. §§
102, 103, and/or 112, with knowledge that the claims of the ’267 Patent are unenforceable due to
inequitable conduct; and/or based on any other facts and circumstances warranting a finding of
exceptional case in favor of GCE;
C. For an award to Plaintiff of its costs, expenses and reasonable attorney fees under 35
U.S.C. § 285 and as permitted by law.
D. For an award to Plaintiff for such other and further relief as the Court may deem Just
and Proper.
JURY DEMAND
GCE demands a trial by jury on all issues so triable.
Dated: New York, New York

January 24, 2020
FOX ROTHSCHILD, LLP
By: _/s/ Christopher R. Kinkade _

Christopher R. Kinkade, Esq.
Ryan N. Miller, Esq.
101 Park Avenue, 17th Floor
New York, New York 10178
Telephone: 212-878-7900
Facsimile: 212-692-0940
Attorneys for plaintiff GCE International Inc.
10
Case 1:20-cv-00696 Document 1-1 Filed 01/24/20 Page 1 of 17
EXHIBIT A
1111111111111111111111010110
10R1111100111111111111111111
(12) United States Patent (10) Patent No.: US 10,342,267 B2
Habert (45) Date of Patent: Jul. 9, 2019
(54) DUAL LAYER SLIPPER SOCK AND 2,147,197 A * 2/1939 Glidden A43B 1/02
METHOD OF MANUFACTURING SAME 36/3 A
2,675,631 A * 4/1954 Doughty A43B 1/04
(71) Applicant: Jacques Moret, Inc., New York, NY 36/12
(US) 2,686,376 A * 8/1954 Burkholz A43B 3/02
36/101
(72) Inventor: Joseph Habert, Brooklyn, NY (US) 2,857,688 A * 10/1958 Haase A43B 3/242
2/139
2,904,980 A * 9/1959 Stinson A41B 11/10
(73) Assignee: Jacques Moret, Inc., New York, NY 2/239
(US) 3,259,915 A * 7/1966 Dison A41B 11/005
2/239
(*) Notice: Subject to any disclaimer, the term of this 3,503,077 A * 3/1970 Connelly A41B 11/00
patent is extended or adjusted under 35 2/239
U.S.C. 154(b) by 104 days. 3,990,115 A * 11/1976 Nester A41B 11/00
2/239
(21) Appl. No.: 14/817,867 (Continued)
(22) Filed: Aug. 4, 2015 FOREIGN PATENT DOCUMENTS
(65) Prior Publication Data CA 2830322 Al * 11/2014 A41B 11/005
US 2016/0029705 Al Feb. 4, 2016
Primary Examiner — Richale L Quinn
Related U.S. Application Data
(74) Attorney, Agent, or Firm — Mandelbaum Silfin
(60) Provisional application No. 62/032,914, filed on Aug. Economou LLP
4, 2014.
(51) Int. Cl. (57) ABSTRACT

A43B 3/10 (2006.01)
A41B 11/00 (2006.01) A slipper sock is formed from an outer pouch and an inner
(52) U.S. Cl. pouch shaped to receive and encapsulate a person's foot. A
CPC A41B 11/007 (2013.01); A43B 3/101 border around an opening in the inner pouch is placed over
(2013.01) a border around an opening in the outer pouch. The inner
(58) Field of Classification Search pouch and outer pouch are affixed together at the interface
CPC A41B 11/007; A43B 3/01 of the overlapping borders surrounding the openings of the
See application file for complete search history. pouches. The inner pouch which can be made of pile
material is then inserted through the opening of and into the
(56) References Cited outer pouch and spread to conform to the shape of the outer
pouch. The border of the inner pouch can form a collar
U.S. PATENT DOCUMENTS
surrounding the opening of the outer pouch.
1,803,554 A * 5/1931 Knilans A43B 5/00
36/114
D86,152 S * 2/1932 Bellak 66/171 12 Claims, 11 Drawing Sheets
US 10,342,267 B2
Page 2
(56) References Cited
U.S. PATENT DOCUMENTS
4,575,954 A * 3/1986 Bye A61F 5/0111

2/240
4,736,531 A * 4/1988 Richard A43B 23/07
36/10
4,870,708 A * 10/1989 Staley A41B 11/02
2/404
4,967,494 A * 11/1990 Johnson A41B 11/005
2/239
5,086,576 A * 2/1992 Lamson A43B 5/14
36/131
D347,518 S * 6/1994 Stewart D2/920
5,319,869 A * 6/1994 McDonald A43B 5/00
36/114
5,617,585 A * 4/1997 Fons A41B 11/007
2/239
6,041,443 A * 3/2000 Pas A41B 11/005
2/239
6,308,438 B1 * 10/2001 Throneburg A43B 1/02
36/11
6,880,268 B2 * 4/2005 Chen A41B 11/007
36/10
6,931,762 B1 * 8/2005 Dua A43B 1/04
12/142 G
7,434,336 B2 * 10/2008 Kosted A43B 1/0081
36/10
8,701,311 B2 * 4/2014 Barnhart A43B 23/24
36/1.5
9,532,624 B2 * 1/2017 Lap A43B 7/32
2006/0248748 Al * 11/2006 Warren A43B 1/0081
36/9 R
2009/0188020 Al * 7/2009 Beaumont A41B 11/001
2/239
* cited by examiner
U.S. Patent Jul. 9, 2019 Sheet 1 of 11 US 10,342,267 B2





Lr)
FIG. 6
FIG. 7
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0
CO
0

.,

US 10,342,267 B2
1 2
DUAL LAYER SLIPPER SOCK AND portion of the inner pouch and the sole portion of the outer
METHOD OF MANUFACTURING SAME pouch. In order to secure the inner pouch within the outer
pouch, the inner pouch and outer pouch may be sewn
BACKGROUND OF THE INVENTION together at one or more locations beneath their openings,
5 e.g., at the toes of the pouches.
It is known in the art to form a slipper sock which has the The inner pouch is inserted into the outer pouch with the
characteristics of both a slipper and a sock. The body of the inner pouch border being folded over the outer pouch border
slipper sock is formed to receive and conform to in the shape thereby forming a collar around the outer pouch opening. An
of a foot. Like a slipper, the underside of the sock often has elastic band surrounding the openings in the pouches can be
a sole of heavy material to enable comfortable walking, 0 inserted between the overlapping borders where it is hidden
preventing rapid wear on the bottom, and protecting the from view before affixation of the borders together. After the
underside of the foot from harm when walking on irregular inner pouch is inserted into the outer pouch it is spread to fill
surfaces. the outer pouch chamber.
Socks are generally worn inside of a shoe or other The bottom of the slipper sock is preferably covered with
footwear which protects the material from which the sock is 5 a single gripper covering substantially the entire underside
made and the foot of the wearer. Slipper socks are worn of the outer pouch or with spaced grippers, all made of a
without other footwear and engage the ground on which the rubber-like high friction material for preventing slips and
wearer walks or stands. Prior art slipper socks are often falls.
characterized by an outsole fastened to the underside of the It is therefore an object of the invention to provide a
slipper sock body which forms the sock portion of the 20 slipper sock that can be made with conventional sock
slipper sock in order to insulate and protect the wearer's foot making machinery.
from the ground. Another object of the invention is to provide a slipper
Depending on how the outsole is fastened to the sock sock that can accommodate a wide range of foot sizes.
portion of a slipper sock, an insole must sometimes be added Still another object of the invention is to provide a slipper
to the interior of the sock body to provide a barrier between 25 sock with a lining than can be made from a variety of
the fasteners used to adhere the outsole to the sock portion materials.
of the slipper sock as such fasteners may penetrate or, at A further object of the invention is to provide a slipper
least, be felt through the bottom of the sock portion of the sock with a lining that forms a collar around the foot of the
slipper sock. wearer.
It is also desirable to enhance the warmth of a slipper sock 30 Still a further object of the invention is to provide a slipper
by insulating the sock portion of the slipper sock from the sock that is light in weight and highly flexible for comfort
ambient temperature, e.g., when walking on a cold floor or with one or more grippers to prevent sliding.
otherwise wearing the slipper sock in a cold environment. It Other and further objects of the invention will be apparent
is further desirable to be able to construct the slipper sock from the following detailed description of a preferred
with the use of conventional and readily available sock 35 embodiment of the invention.
manufacturing machinery.
DESCRIPTION OF THE DRAWINGS
SUMMARY OF THE INVENTION
FIG. 1 is a side elevation view of a component of the
The present invention overcomes the shortcomings of 40 slipper sock of the preferred embodiment of the invention.
prior art slipper socks in providing a slipper sock formed FIG. 2 is a top plan view of the component of the slipper
from two pouches shaped to receive and encapsulate a sock of the preferred embodiment of the invention shown in
person's foot. The slipper sock has an outer pouch and an FIG. 1.
inner pouch within the outer pouch, each with a body having FIG. 3A is a side elevation view of the slipper sock of the
a chamber for receiving the foot and an opening through 45 preferred embodiment of the invention with a second com-
which the foot may be inserted. Like a conventional sock, ponent shown in an initial disposition during assembly.
the outer pouch is knitted in the form of a tube and one end FIG. 3B is a side elevation view of the slipper sock of the
of the tube at the toe, is sewn closed. The inner pouch is can preferred embodiment of the invention with the second
the woven into a web of material which is cut and sewn to component shown in an intermediary disposition during
form a three-dimensional pouch. so assembly.
The outer pouch has an integral upper and lower with a FIG. 4 is a top plan view of the slipper sock of the
narrow opening in the upper for receiving the foot. The inner preferred embodiment of the invention after completion of
pouch has a shape similar to that of the outer pouch. The assembly.
material from which the inner pouch is made can have a high FIG. 5 is a side elevation view of the slipper sock of the
pile with a fluffy texture for comfort, warmth and to give the 55 preferred embodiment of the invention.
slipper sock body. FIG. 6 is a front elevation view of the slipper sock of the
The outer and inner pouches are horizontally seamed to preferred embodiment of the invention.
maintain creases on toe portions of the pouches and verti- FIG. 7 is a rear elevation view of the slipper sock of the
cally seamed to maintain creases on heel portions of the preferred embodiment of the invention.
pouches. 60 FIG. 8 is a bottom plan view of the slipper sock of the
The inner pouch and outer pouch are fastened together preferred embodiment of the invention.
proximate their openings preferably by stitches or a bonding FIG. 9 is a perspective view of the slipper sock of the
adhesive at borders surrounding the pouch openings. Other preferred embodiment of the invention.
fastening means may be used, e.g., snaps, or hook and loop FIG. 10 is a side elevation view of the slipper sock of the
fasteners. The outer pouch can be fastened to the inner pouch 65 preferred embodiment of the invention with the second
solely where the margins surrounding the respective pouch component shown in an intermediary disposition during
openings interface, without any fasteners between the sole assembly in a first alternate embodiment of the invention.
US 10,342,267 B2
3 4
FIG. 11 is a side elevation view of the slipper sock of the to prevent separation of the inner pouch from the outer
preferred embodiment of the invention with the second pouch after assembly, the inner pouch and outer pouch may
component shown in an intermediary disposition during be sewn together, preferably at the toes, and optionally at
assembly in a second alternate embodiment of the invention. one or more other locations.
5 Referring now to FIG. 4 of the drawings, after the inner
DESCRIPTION OF THE PREFERRED pouch 13 is affixed to the outer pouch 1 as shown in FIGS.
EMBODIMENTS 3A and 3B, the inner pouch 13 is inserted into the outer
pouch 1 through the opening in the outer pouch 1 and spread
Referring to FIG. 1 of the drawings there is shown a first to fill the volume of the chamber 5 in the outer pouch 1 so
component of a slipper sock in accordance with the inven-
that the inner pouch 13 is in engagement with and conforms
tion, namely, an outer pouch 1 knitted from yarns into a tube
to the shape of the outer pouch 1. The inner pouch 1 is spread
on a conventional sock manufacturing machine in a manner
laterally so that its side walls engage the side walls of the
similar to that employed in the manufacture of socks. As in
the case of socks, the tube is closed at on end, normally by outer pouch 1 and longitudinally so that the toe and heel
sewing, to form the toe portion of the sock. 15
regions of the inner pouch 13 engage the toe and heel
In order to make a single slipper sock in accordance with regions of the outer pouch 1, respectively. The result is a
the invention that can accommodate a wide range of foot dual layer slipper sock with the outer pouch 1 forming the
sizes, the yarns from which the body of the pouch 1 is major part of the exterior and the inner pouch 13 forming an
knitted may include, in addition to cotton, wool, rayon, or interior liner.
any one of a number of natural or synthetic materials 20 By virtue of the insertion of the inner pouch 13 into the
commonly used to produce a sock or slipper, spandex fibers outer pouch 1, after the inner pouch 13 and outer pouch 1
or other elastic materials. The elastic yarns make the slipper have been fastened together, with the border 7 surrounding
sock resilient and enable it to be stretched during placement the opening in the outer pouch 1 received within the border
on a foot and to then contract to conform to the shape of the 17 surrounding the opening in the inner pouch 13, the border
foot for a snug fit. It is preferred that the elastic yarns 25 17 of the inner pouch 13, at the interface where the outer
comprise 2% of the total yarn content of the outer pouch pouch 1 and inner pouch 13 are sewn together, remains
with 1-3% being effective. outside of the opening 3 in the outer pouch 1 to form a
Referring additionally to FIG. 2 of the drawings, it can be comfortable and attractive looking pile collar that surrounds
seen that at the top of the slipper sock outer pouch there is the ankle of the foot of the wearer of the slipper sock.
an opening 3 to a chamber 5 within the outer pouch 1 in 30 As can be seen in FIGS. 5-7, the pile collar surrounding
which a foot is to be received. The opening 3 is surrounded the opening in the slipper sock covers the border 7 that
by a border 7 in the outer pouch 1. surrounds the opening 3 in the outer pouch 1 so that the
The foot of the wearer of the slipper sock is passed border 7 does not cut into the ankle of the wearer which is
through the opening 3 into the chamber 5 as the slipper sock instead engaged and cushioned by the fluffy pile material of
is placed on the wearer's foot. In order to maintain the shape 35 the inner pouch 13 that overflows from the interior of the
of the outer pouch 1 forming the slipper sock upper after it slipper sock to its exterior.
is formed into a tubular body, a substantially horizontal seam As can be seen in FIG. 8 of the drawings, the underside
9 is sewn to close and maintain a crease on the front or toe of the outer pouch 1 which forms the outer of the slipper
portion of the slipper sock outer pouch 1. A substantially sock has optionally distributed over its surface substantially
vertical seam 11 is sewn to maintain a crease at the rear or 40 equally spaced grippers 19 made of a natural or synthetic
heel portion of the outer pouch 1 of the slipper sock. rubberlike material to provide a high friction gripping sur-
As can be seen in FIG. 3A an inner pouch 13 is formed face in order to prevent slips and falls when walking on a
for attachment to, and insertion into, the outer pouch 1. The smooth floor. In the preferred embodiment of the invention,
inner pouch 1 may be woven into a thick web of material the grippers 19 are circular. However, the grippers may be of
having a high pile with a fluffy feel and being a good 45 other shapes. Moreover, single gripper may be applied to the
insulator for maintaining warmth and comfort within the underside of the outer pouch, e.g., covering substantially its
slipper sock. entire area. It is to be appreciated that grippers of various
The inner pouch 13 need not be fitted as rigidly or with the shapes, sizes and spacings may be employed.
same degree of elasticity as the outer pouch 1 since the shape Referring to FIG. 9 of the drawings it can be seen that the
of the outer pouch 1 forms the shape of the slipper sock and so finished dual layer slipper sock, with inner and outer pouch
the inner pouch is sufficiently pliable to conform to the shape borders stitched together, provides a highly pleasing aes-
of the outer pouch 1 when the inner pouch is inserted into the thetic appearance as well as functional warmth and comfort
outer pouch 1. and protection to the wearer.
As can be seen in FIG. 3A, there is also an opening 15 in The collar surrounding the inner pouch opening can has a
the pile fabric inner pouch 13 about which there is a border 55 substantially uniform height in the embodiment shown in
17 that is placed over the border 7 surrounding the opening FIGS. 4-7. However, the slipper sock of the invention may
3 in the outer pouch 1. After being positioned over the border be manufactured with a collar having variable heights.
7 surrounding the opening in the outer pouch 1, thereby Moreover, the slipper sock of the invention need not have a
forming an interface between the border 17 of the inner collar.
pouch and the border 7 of the outer pouch 1 as shown in FIG. 60 The profile and presence of the collar are determined by
3B, the inner pouch 1 is affixed to the outer pouch 13 by the height of the inner pouch. As the height of the inner
sewing or through the use of an adhesive along the circum- pouch increases about the inner pouch opening relative to
ference of the interface between the border 17 of the inner the height of the outer pouch, the margin by which the inner
pouch and the border 7 of the outer pouch 1. Optionally, an pouch height exceeds the outer pouch height increases, and
elastic band surrounding the openings in the pouches can be 65 the height of the collar formed when the inner pouch is
inserted between the overlapping borders where it is hidden folded over the border of the outer pouch opening is also
from view before affixation of the borders together. In order increased.
US 10,342,267 B2
5 6
The collar surrounding the inner pouch opening need not wherein said outer pouch comprises an outer pouch
have a uniform height. As can be seen in FIG. 10, the height border surrounding said outer pouch entranceway and
of the inner pouch at the inner pouch opening can be sloped, extending from said outer pouch body, said inner pouch
e.g., so that the height of the rear of the inner pouch is greater comprises an inner pouch border surrounding said inner
than the height of the front of the inner pouch. When the 5 pouch entranceway and extending from said inner
inner pouch is inserted into the outer pouch, the result is a pouch body, said inner pouch border and outer pouch
collar that progressively increases in height from the front of border being inseparably fastened together about their
the slipper sock toward the rear of the slipper sock. entire circumferences to form a collar of said slipper
Alternatively, as can be seen in FIG. 11, the height of the sock surrounding said inner pouch entranceway, and
inner pouch at the inner pouch opening can be sloped, e.g., 10
said inner pouch border is folded over said outer pouch
so that the height of the rear of the inner pouch is lower than
border whereby an outward facing surface of said collar
the height of the front of the inner pouch. When the inner
is formed by the interior surface of said inner pouch at
pouch is inserted into the outer pouch, the result is a collar
that progressively decreases in height from the front of the said inner pouch border.
slipper sock toward the rear of the slipper sock. 15
2. A slipper sock according to claim 1 wherein said inner
The inner pouch and outer pouch can be formed with pouch and said outer pouch are fastened together only at said
substantially equal heights where no collar surrounding the inner pouch border and said outer pouch border.
inner pouch opening is desired. In the latter cases, the 3. A slipper sock according to claim 1 comprising stitches
outside of the margin surrounding the opening in the inner for fastening together said inner pouch border and outer
pouch can be affixed to the inside of the margin surrounding 20
pouch border.
the opening in the outer pouch. 4. A slipper sock according to claim 1 comprising an
Except as described above, the embodiments of FIGS. 10 adhesive for fastening together said inner pouch border and
and 11 are identical to the embodiment of FIGS. 1-9. outer pouch border.
It is to be appreciated that the foregoing description is of 5. A slipper sock according to claim 1 wherein said outer
a preferred embodiment of the invention to which modifi- 25
pouch comprises a body formed from a knitted tube sewn
cations and variations may be made without departing from closed at one end.
the spirit and scope of the invention. 6. A slipper sock according to claim 5 wherein said knitted
What is claimed is: tube comprises both elastic yarns and nonelastic yarns.
1. A slipper sock shaped to receive and encapsulate a 7. A slipper sock according to claim 6 wherein said elastic
person's foot, said slipper sock comprising 30
yarns comprise 1-3% of the total yarns in said body.
an outer pouch with a body having, at a top of said slipper 8. A slipper sock according to claim 1 wherein said inner
sock, an entranceway to a chamber for receiving said pouch comprises a single web of fabric with seams sewn to
foot, said outer pouch being closed at a bottom of said form a three-dimensional pouch.
slipper sock, an exterior surface, an interior surface 9. A slipper sock according to claim 8 wherein said fabric
forming a surface of said chamber and a shape con- 35
has a pile with a fluffy texture.
formable to said foot, 10. A slipper sock according to claim 1 wherein the shape
an inner pouch with a body received within said chamber of the outer pouch forms the shape of the slipper sock and
of said outer pouch body, said inner pouch body the inner pouch is sufficiently pliable to conform to the shape
having, at said top of said slipper sock, an entranceway of the outer pouch when the inner pouch is inserted into the
to a chamber for receiving said foot, said inner pouch 40
outer pouch.
being closed at said bottom of said slipper sock, an 11. A slipper sock according to claim 1 further having at
exterior surface in close proximity to said interior least one gripper comprising a rubber-like high friction
surface of said outer pouch interior surface, an interior material mounted on said exterior surface at a bottom of said
surface conformable to a shape of said foot, outer pouch body for preventing slips and falls.
said inner pouch and outer pouch being attached adjacent 45
12. A slipper sock according to claim 11 comprising a
said outer pouch entranceway and said inner pouch plurality of spaced grippers.
entranceway at said top of said slipper sock * *
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
Case
Case
1:11-cv-04530-KBF
1:20-cv-00696 Document
Document1-6
34-19
FiledFiled
01/24/20
03/20/12
Page
Page
2 of19of 8
Exhibit 19
0-cv-00696
-04530-KBF Document
Document1-6
34-19
FiledFiled
01/24/20
03/20/12
Pa
-KBF
696 Document
Document1-6
34-19
FiledFiled
01/24
03
696
KBF Document
Document1-6
34-19
FiledFiled
01/24
0
0-cv-00696
-04530-KBF Document
Document1-6
34-19
FiledFiled
01/24/20
03/20/12
Pa
0-cv-00696
-04530-KBF Document
Document1-6
34-19
FiledFiled
01/24/20
03/20/12
Pa
0-cv-00696
-04530-KBF Document
Document1-6
34-19
FiledFiled
01/24/20
03/20/12
Pa
696
KBF Document
Document1-6
34-19
FiledFiled
01/24
0
EXHIBIT G

GCE Int&#39;l v. High Point Design - Complaint

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Case 1:20-cv-00696 Document 1 Filed 01/24/20 Page 1 of 10

Christopher R. Kinkade, Esq.

Attorneys for plaintiff GCE International Inc.

UNITED STATES DISTRICT COURT

GCE INTERNATIONAL, INC., Civil Action No.: 1:20-cv-696

Plaintiff, ECF CASE

(“Defendant” or “High Point”).

NATURE OF THE CASE

1. This action is a declaratory judgement action of invalidity and unenforceability of U.S.

of the ’267 Patent is attached to this Complaint as Exhibit A.

business in New York, New York.

JURISDICTION AND VENUE

law claims are part of the same case or controversy.

Liability Company with its principal place of business in New York.

6. Venue is proper pursuant to 28 U.S.C. § 1391(b)(1)-(2) because High Point resides in

as Exhibit B. In the High Point Letter, High Point states:

See Exhibit B, at 1. High Point continues:

It has come to our attention that CVS Health Corporation ("CVS")

between the parties.

paragraphs as though fully set forth herein.

Provisional Patent Application Serial No. 62/032,914 filed on August 4, 2014.

the face of the ’267 Patent.

to High Point Design LLC. This assignment is attached as Exhibit D.

owned by The Moret Group, Inc. (“Moret Group”).

U.S.C. §§ 101, 102, 103, and/or 112.

from a CVS retail store in December 2012.

is attached as Exhibit E, Figure 1 of which is reproduced below.

not patentable under 35 U.S.C. § 103.

and enforceability thereof.

requirements set forth in 35 U.S.C. §§ 101, 102, 103, and/or 112.

paragraphs as though fully set forth herein.

inventions claimed in a patent, an affirmative misrepresentation of a material fact, and/or the

Trademark Office (“PTO”) constitutes inequitable conduct before the PTO.

§ 1.56 to disclose material information to the PTO.

C.F.R. § 1.56 to disclose material information to the PTO.

paragraphs as though fully set forth herein.

including CVS, and prospective customers throughout the country.

needs from High Point.

37. Defendant’s actions were not justified or privileged.

38. As a result of Defendant’s conduct, Plaintiff suffered, and is entitled to recover,

compensatory and punitive damages in an amount to be proven at trial

adequate remedy at law.

PRAYER FOR RELIEF

exceptional case in favor of GCE;

U.S.C. § 285 and as permitted by law.

GCE demands a trial by jury on all issues so triable.

Dated: New York, New York

FOX ROTHSCHILD, LLP

By: _/s/ Christopher R. Kinkade _

(51) Int. Cl. (57) ABSTRACT

(56) References Cited

U.S. PATENT DOCUMENTS

4,575,954 A * 3/1986 Bye A61F 5/0111

U.S. Patent Jul. 9, 2019 Sheet 1 of 11 US 10,342,267 B2

U.S. Patent Jul. 9, 2019 Sheet 2 of 11 US 10,342,267 B2

U.S. Patent Jul. 9, 2019 Sheet 3 of 11 US 10,342,267 B2

U.S. Patent Jul. 9, 2019 Sheet 4 of 11 US 10,342,267 B2

U.S. Patent Jul. 9, 2019 Sheet 5 of 11 US 10,342,267 B2

U.S. Patent Jul. 9, 2019 Sheet 6 of 11 US 10,342,267 B2

U.S. Patent Jul. 9, 2019 Sheet 7 of 11 US 10,342,267 B2

U.S. Patent Jul. 9, 2019 Sheet 8 of 11 US 10,342,267 B2

U.S. Patent Jul. 9, 2019 Sheet 9 of 11 US 10,342,267 B2

U.S. Patent Jul. 9, 2019 Sheet 10 of 11 US 10,342,267 B2

U.S. Patent Jul. 9, 2019 Sheet 11 of 11 US 10,342,267 B2

GCE Int'l v. High Point Design - Complaint

GCE Int'l v. High Point Design - Complaint