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UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS


)
POLLIWALKS, INC. )
)
Plaintiff, )
)
v. ) Civil Action No.________________
)
CROCS, INC. and ) J URY TRIAL DEMANDED
KOHLS CORPORATION, INC. )
)
Defendants. )
)


COMPLAINT FOR PATENT INFRINGEMENT

Plaintiff, Polliwalks, Inc. (Polliwalks), by its undersigned counsel, for its complaint
against Crocs, Inc. (Crocs) and Kohls Corporation, Inc. (Kohls and collectively with Crocs,
Defendants), states as follows:
NATURE OF ACTION
1. This is an action for patent infringement arising under the Patent Laws of the
United States, 35 U.S.C. 1 et seq.
THE PARTIES
2. Polliwalks is a corporation organized and existing under the laws of the
Commonwealth of Massachusetts and has its principal place of business in the Commonwealth
of Massachusetts.
3. Upon information and belief, Crocs (NASDAQ: CROX) is a Delaware
corporation having its principal place of business in the State of Colorado.
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Case 1:13-cv-11425 Document 1 Filed 06/13/13 Page 1 of 8
4. Upon information and belief, Kohls (NYSE: KSS) is a Wisconsin corporation
having its principal place of business in Wisconsin. Kohls operates approximately 24
department stores in the Commonwealth of Massachusetts.
5. Upon information and belief, Defendants offer to sell products, and, in fact sell
products throughout the United States, including in this judicial district and introduce products
that infringe one or more claims in United States Patent No. 8,371,043 (the 043 Patent) and
United States Patent No. 8,371,044 (the 044 Patent) into the stream of commerce knowing
that they would be sold in this judicial district and elsewhere in the United States.
JURISDICTION AND VENUE
6. This is an action for patent infringement arising under the Patent laws of the
United States, Title 35 of the United States Code.
7. This Court has jurisdiction over the subject matter of this case under 28 U.S.C.
1331 and 1338(a).
8. Venue is proper in this judicial district under 28 U.S.C. 1391 and 1400.
9. J oinder of Crocs and Kohls in this action is proper as Crocs manufactures and
markets to Kohls its infringing products which infringing products Kohls markets and sells to
consumers in this judicial district all as part of the same transaction or series of transactions
concerning the same infringing products.
COUNT I
(Infringement of the 043 Patent)

10. Polliwalks hereby incorporates paragraphs 1 through 9 by reference as though set
forth fully herein.
11. On February 12, 2013, the United States Patent and Trademark Office (the
USPTO) duly and legally issued the 043 Patent. Polliwalks owns the entire right, title and
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Case 1:13-cv-11425 Document 1 Filed 06/13/13 Page 2 of 8
interest in the 043 Patent and such ownership rights are confirmed by assignments recorded in
the USPTO. A true and accurate copy of the 043 Patent is attached hereto as Exhibit 1.
12. Crocs makes, uses, sells or offers for sale, three-dimensional sculpted shoes
called: (i) Crocs Crockskin Clogs and (ii) Crocs Chameleon Alien Clogs (collectively, the
Infringing Products) that infringe one or more claims of the 043 Patent.
13. Kohls uses, sells, offers for sale to consumers, the Infringing Products that are
sold to Kohls by Crocs. True and accurate excerpts from Kohls website are appended hereto as
Exhibit 2.
14. Crocs has also infringed one or more claims of the 043 Patent by knowingly and
actively inducing others to infringe, by contributing to the infringement of others, including but
not limited to Kohls, and by intentionally aiding, assisting and encouraging the infringement by
others, including but not limited to Kohls through the sale, offer for sale, manufacture and use
of the Infringing Products.
15. Defendants were made aware of the 043 Patent and their infringement thereof at
least as early as its receipt of correspondence from counsel for Polliwalks providing notice of the
043 Patent and Defendants infringement thereof which was sent to each of the Defendants on or
about May 23, 2013. The letters were sent United States Priority Mail with a tracking number.
Defendants responded to these letters and thereby confirmed their receipt thereof.
16. In addition, on or about September 3, 3010, Kohls was provided written notice of
the US Utility application which published on February 5, 2009 under publication No.: US-2009-
0031587 which matured into the 043 Patent. Additionally, a continuing application was filed
and issued as the 044 Patent.
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17. Upon information and belief, since at least the time Defendants received notice,
Defendants have induced and continue to induce others to infringe at least one claim of the 043
Patent under 35 U.S.C. 271 (b) by, among other things, and with specific intent or willful
blindness, actively aiding and abetting, others to infringe, including, but not limited to,
Defendants customers, whose use, and on the part of retailers, sale, offer for sale and use of the
Infringing Products constitutes direct infringement of at least one claim of the 043 Patent.
18. In particular, Defendants actions that aid and abet others such as their
distributors, partners and/or customers to infringe include advertising and distributing the
Infringing Products. Upon information and belief, Defendants have engaged in such actions with
specific intent to cause infringement or with willful blindness to the resulting infringement
because Defendants have had actual knowledge of the 043 Patent since at least the date
Defendants received notice from Polliwalks counsel notifying Defendants of their infringement
of the 043 Patent.
19. Despite Polliwalks counsels notice regarding the 043 Patent, Defendants have
continued to infringe the 043 Patent. On information and belief, Defendants infringement has
been and continues to be willful.
20. Polliwalks has been harmed by Defendants infringing activities.
COUNT II
(Infringement of the 044 Patent)

21. Polliwalks hereby incorporates paragraphs 1 through 20 by reference as though
set forth fully herein.
22. On February 12, 2013, the USPTO duly and legally issued the 044 Patent.
Polliwalks owns the entire right, title and interest in the 044 Patent and such ownership rights
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are confirmed by assignments recorded in the USPTO. A true and accurate copy of the 044
Patent is attached hereto as Exhibit 3.
23. Crocs makes, uses, sells or offers for sale, the Infringing Products that infringe
one or more claims of the 044 Patent.
24. Kohls uses, sells, offers for sale to consumers, the Infringing Products that are
sold to Kohls by Crocs. See Exhibit 2.
25. Crocs has also infringed one or more claims of the 044 Patent by knowingly and
actively inducing others to infringe, by contributing to the infringement of others, including but
not limited to Kohls, and by intentionally aiding, assisting and encouraging the infringement by
others, including but not limited to Kohls through the sale, offer for sale, manufacture and use
of the Infringing Products.
26. Defendants were made aware of the 044 Patent and their infringement thereof at
least as early as its receipt of correspondence from counsel for Polliwalks providing notice of the
044 Patent and Defendants infringement thereof which was sent to each of the Defendants on or
about May 23, 2013. The letters were sent United States Priority Mail with a tracking number.
Defendants responded to these letters and thereby confirmed their receipt thereof.
27. Upon information and belief, since at least the time Defendants received notice,
Defendants have induced and continue to induce others to infringe at least one claim of the 044
Patent under 35 U.S.C. 271 (b) by, among other things, and with specific intent or willful
blindness, actively aiding and abetting, others to infringe, including, but not limited to,
Defendants customers, whose use, and on the part of retailers, sale, offer for sale and use of the
Infringing Products constitutes direct infringement of at least one claim of the 044 Patent.
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28. In particular, Defendants actions that aid and abet others such as their
distributors, partners and/or customers to infringe include advertising and distributing the
Infringing Products. Upon information and belief, Defendants have engaged in such actions with
specific intent to cause infringement or with willful blindness to the resulting infringement
because Defendants have had actual knowledge of the 044 Patent since at least the date
Defendants received notice from Polliwalks counsel notifying Defendants of their infringement
of the 044 Patent.
29. Despite Polliwalks counsels notice regarding the 044 Patent, Defendants have
continued to infringe the 044 Patent.
30. On information and belief, Defendants infringement of the 044 Patent has been
and continues to be willful.
31. Polliwalks has been harmed by Defendants infringing activities.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff Polliwalks demands judgment for itself and against the
Defendants, as follows:
A. An adjudication that Defendants have infringed the 043 Patent;
B. An adjudication that Defendants have infringed the 044 Patent;
C. for injunctive relief, both preliminary and permanent, enjoining Defendants, and their
officers, directors agents, servants, employees, and all their entities and individuals
acting in concert with them or on their behalf from further infringement of either the
043 Patent and/or the 044 Patent;
D. An Award of damages to be paid by Defendants adequate to compensate Polliwalks
for Defendants past infringement of either the 043 Patent and/or the 044 Patent,
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and any continuing or future infringement through the date such judgment is entered,
including interest, costs, expenses and an accounting of all infringing acts;
E. for an award of enhanced damages resulting from Defendants willful infringement of
the 043 Patent, pursuant to 35 U.S.C. 285;
F. for an award of enhanced damages resulting from Defendants willful infringement of
the 044 Patent, pursuant to 35 U.S.C. 285;
G. for an award of attorneys fees pursuant to 35 U.S.C. 285 based on, but not limited
to, Defendants willful infringement of the 043 Patent;
H. for an award of attorneys fees pursuant to 35 U.S.C. 285 based on, but not limited
to, Defendants willful infringement of the 044 Patent;
I. for an award of costs, pre-judgment and post-judgment interest on any damages
awarded, pursuant to 35 U.S.C. 284 and other applicable law; and
J . for such other and further relief as the Court deems just and reasonable.

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DEMAND FOR JURY TRIAL
Pursuant to Fed. R. Civ. P. 38, Polliwalks hereby demands a trial by jury in this action on
all claims and issues so triable.
Respectfully submitted,
POLLIWALKS, INC.,
By its counsel,
Dated: J une 13, 2013

/s/ Jeffrey E. Francis
J effrey E. Francis, BBO #639944
J francis@pierceatwood.com
J oseph Maraia (BB) #650569)
jmaraia@pierceatwood.com
PIERCE ATWOOD LLP
100 Summer Street
Suite 2250
Boston, MA 02110
(617) 488-8136

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Case 1:13-cv-11425 Document 1-1 Filed 06/13/13 Page 1 of 11
EXHIBITl
{W2911586.2)
Case 1:13-cv-11425 Document 1-1 Filed 06/13/13 Page 2 of 11
(12) United States Patent
Rusnal{
(54) SHOES
(75) Inventor: ,Joel Rusnak, Newburyport, MA (US)
(73) Assignee: Pnlliwulks, Inc., Sudbury, tv1A (US)
( * ) Notice: Subject to any tliscluimet, the term ofthis
paten! is ex!l'nded or udjusted umkr 35
lJ .S.C. 154(b) by 90H days.
This patent is subject to a tetminal dis-
clnimer.
(21) Appl.No.: 12/184,417
(22) Filed:
(65)
Aug. I, 2008
Pl'ior Puhllentinn Dnta
(60)
(51)
(52)
(58)
(56)
US 2009/0031587 Al Feb.5, 2009
Related U.S. Appllcutlon Datu
Pmvisionul application No. 61/075,778, Jlled on Jun.
26, 2008, provisional upplication No. 60/953,246,
flied on ;\ ug. I , 2007.
lnt.Cl.
A43B 23/(10 (2006.01)
U.S. Cl ................................... :16/11.5; 36/U6; 36/4
Field of ClnssHicatlnn Scurclt .................... 36/112,
36/136,4, JJ.5; 12/142 S, 142 RS; D2/897-StJ9,
D2/948-952
Sec npplicntion fllo for complete senrch history.
References Citf.'d
U.S. PATENT DOCUMENTS
438,179 A +
:'1, 15S,5.SX r\ *
3.402.485 A
3,538,628 A
3,906,642 A
4,050,167 A *
4.0SO,I6S A *
4,279,049 ,.\ ..
I Oil !NO <)tllmic ......................... I 0 t II 04
1111%4 !1ingh:un, Jr .................... 205172
9/1968 lv!cMorrow ................... 36125 R
1111970 Einstein, Jr.
911975 Cohen
<J/1977 Senter ............................ 16/32 R
9/1977 Pace ................................ 361 !36
7/1981 Coiquaud .................... 12/142 S
111111111111111111111111111111111111111111111111111111111111111111111111111
CN
CN
US00837l 04382
(IO) Patent No.: US 8,371,043 B2
(45) Date of Patent: *Feb. 12, 2013
[)260,4<17 s
D261,19S S
0282,309 s
D2S2,310 S *
D2'JO,Q62 S
5,331,753 A ''
5,465,507 ,, ..
D3(i6,752 s
9/ I 9X I Grccnblall d a!.
Wdss
l/1\)g(i Valori
III'Jll6 Vhlori ............................ D21899
Valori
711994 Rodibaugh ..................... Jo/136
II/I <)95 Schumndter d al. ...... .. J(i/30 R
2/1 996 Shennan
(Ctmtinued)
FOREIGN PATENT DOCUMENTS
261 X470 Y 612004
2724453 y <J/2005
(C 'ontinued)
OTI IER P\JBI XATIONS
Online webpagc, Crocs Footwear, Crocs, Inc. (Niwot, Coloratlo);
Downlomkd Aug. I, 2007, http:l!shop.crocs.o;omlc-4-l'ootw.:ar.
aspx?rct titl-1& fC<! Prod' ry pcld .. 4& St t bsccl io 111111 footwear.
Primm)' --- Marie Patterson
(74) Allorney. Agent. or Firm --Antoinette G. Uiugliuno;
ACJCi lntollectuul Property Law
(57) AHSTRACT
The prcs<ml invention relates In u molded shoe featuring a 3
dimensional figure (e.g., an animal or clwracter). The shoo
has n sole having a boltnm surlhco that comprises n Sl'rios of
projections ami recesses that form a print !()!' an animal or
charader, to thcruby obtain an imprillling sur11tcc; and an
upper, allached In thl' wle, huving llll outer surlltce that com-
prisus u series of projections and n_'Cosses that form a throe
dimensional figure (e.g., an unimal figure or a character llg-
ure ). The sole and upper ure substantially li.mned fmm
molded plastic; the projcdinns and reccsscs of the unimal
imprinting surface allow one wearing tlw shoe to nwke
imprints on u soli surli1ce, and the three dimensional on
the outer surlitcu of the upper relates to IlK print of tho
imprinting surH1cc. The methods of tho present invention
lhr!lwr include making imprints with tho bottom surlitt:c or
the shoe.
15 Claims, 4 nrnwlng Sheets
Case 1:13-cv-11425 Document 1-1 Filed 06/13/13 Page 3 of 11
US 8,371,043 B2
!'ago 2
U.S. PATENT DOCUMENTS
!)517,789 s J/2006 St.
1
illtHlnS
!)517,790 s .112006 Seamans
DJ78,009 s

211997 Sullivan ct al. ................ D219l7
!)521,217 s 5/2006 :vlochring ctnl.
DJSI,795 S 811997 Coats
1)525,017 s 712006 Ochoa
D393,937 s
*
5/1998 Henson .......................... 1)21899
1)525.'1 19 s 712006
JJ.\94,137 s 511998 Nadel
0529,263 s I0/2006 \Volt'
5,765,300 A 6!1<)98 Kionka
ISS S 11!2006 l\kCiaskie
1)397,541 s
*
9/1998 Hcns<lll .......................... 1)218')9
7,146,751 B2 12/2006 S<'amans
5,814.254 A 9/1998 Bisconti
[)535,088 s li2007 S<;<amans
5,X37, 174 A 11/1998 13iscont i
DS<I\681 s 6/2007 McCarthy
5,86S,9S1 A 211999 Bisconti
D544, 182 s 6!2007 lvlcCiaskie
5,974,694 t\ 1111999 Vccchiola
!)547,540 s 712007 lvladcrspach
5,980,351 A 1111999 McCook
])549,434 s Seamans
D418,663 S 11200() Sen if
D567,482 s 412008 lloyt
D422,778 S 4/2000 Yang
!)604,031 s lli2009 Andersen d al. .............. D21952
D423,197 S 4!2000 Yang
2002/00Kl623 AI* 7/2002 Joseph ............................ 361122
6,080,0:l3 A

()12000 Fl:tdwood clnl. .............. 446/26
2ll0210I6625S A I < 1112002 Po sa .............................. 36111.5
6,189,240 131* 212001 Cowgill d nl. ................. 36/112
2001102:lll90 A I ll/2004 S.:amans
D479,3S6 S 9/2003 Gebhardt ....................... D21898
200610018407 t\ I 3/2006 Scanutns ......................... 3611 R
D4S7,614 S Lc
200710130797 AI 6/2007 S<.'amans
16 S tkbhnrdl
1)490,218 s 512004 Gebhardt FOREIGN 1':\TrlNT DOCUMENTS
D49S,03ll S lli2004 Ucblumll
CN 2761006 y 3i2006
D498,907 S 11/2004 Gebhardt l'l ul.
FR 2343395 9111)77
0498,908 s 1112004 Gebhardt et nl.
wo wo 021052!!72 712002
6,957,504 B2 10/2005 Morris
wo WO 2004r064556 A2 812004
6,1J93,S58 B2 212006 Scmnans
D517,7SX S 3/2006 Seamans * cited by examiner
Case 1:13-cv-11425 Document 1-1 Filed 06/13/13 Page 4 of 11
U.S. Patent Feb. 12, 2013 Sheel 1 of 4 US 8,371,043 B2
~ I
Case 1:13-cv-11425 Document 1-1 Filed 06/13/13 Page 5 of 11
U.S. Patent Feb. 12,2013 Sheet 2 of 4
US 8,371,043 B2
Case 1:13-cv-11425 Document 1-1 Filed 06/13/13 Page 6 of 11
U.S. Patent Feb. 12, 2013 S h e e ~ 3 of 4 US 8,371,043 B2
Case 1:13-cv-11425 Document 1-1 Filed 06/13/13 Page 7 of 11
U.S. Patent Feb. 12, 2013 Sheet 4 of 4 US 8,371,043 B2
~ I
Case 1:13-cv-11425 Document 1-1 Filed 06/13/13 Page 8 of 11
us 8,371,043 82
1
SHOES
RllLATIJD Al'l'LJCAT!ON
This application claims the hcncllt or U.S. Provisional
Applicution No. 61/075,778 entitled "SIIOES" by .Inc) Rus-
nuk, !lied on Jun. 26, 2008, und U.S, Provisionul Application
No. 60/95:\246, entitled "ANIMAL PRINT MAKING
SHOES" by Jod Rusnak, filed on Aug. 1, 2007.
Tlw entire teachings oflhL' above applications urc incorpo- Ill
raiL'<I herein by rclercncc.
BACKGROUND OF TilE INVENTION
2
series or projcctions and n .. 'Cc:sscs, as destrilwd herein, indc
pendent nf the prints Oll the bO!ID11l Slll'litCC of the shtW.
Similarly, an L'mbodinwnt of the: pr0sent invcntion indudc:s
the series of projt.'{titHts and that make the imprint
(e.g., animal imprint) nn the bottom smlilce nfthe sole, indc:-
pcndent of the three dimensional llgure of the uppc:r. In yet
nnother embodiment, the prescnt invention rdntcs to a shoe
that has both.
The present invention further includes methods ofnwking
an imprint on a with a H10ldt.'d shoe, as
herein. The ml'lhods include stepping on the surlhcc with a
molded shoe ol' the prlsc:nt invc:ntion, us herein.
The surlhcc is u soft surlhcc !hal includes dirt, mud, sand or
clay. In an embodiment, the method lhrthcr includes coating
Shoes ti.1r children mnny times can lnck a tim theme nnd/or
tlm"C dimensional design. Children <mjny exploring and
learning about new things. In pnrticular, many children have
a love of animals ami chamcters, and like In leum about them.
15 the bottom surl11cc with a printnwldng solution, nnd stepping
on to a surlhce like paper to make impl'ints. In yet ;mother
embodiment, the method includes wetting the bottom surfitcc
ofthe shoe and stepping on n dry surllu:c to make the imprints.
The prc:scn! invention has scvcml odvantugcs. Children <:an A need exists 1\11' shoes that have three dimensional, fun
themes. In pnrticulur, tl need exists 1\x shoes that have ttlhree
dimensional aninwlor clml'HL'ter figure integmted into them.
A 1tlrtller need exists to make n three dimension animal/
chnmctcr shoe that also makes imprints.
21! now enjoy shoes with three dimensional animals or llgurcs
intc:g.mtc:d within the shoe. ;\t the same time, children can
learn and/or nwke lbot prints oftlw animal or chamcter while
wearing the shoe.
SUMMARY OF THE INVENTION 25
'l11e present invc:ntion rclntcs to a molded shoe featuring n
3 dimensional llgurc. The shoe has a sole having n bottom
surlllce that comprises n series of projections and recesses
(e.g., cnntmn>) that lhrm tl print (e.g., an animal print, which .itJ
include unimallontprints or animal tmcks), to thereby obtain
nn imprinting surlllcc. The shoe liJrther includes an upper,
attached to the sole, hnving an outer surlhcc that comprises a
series of projections and recesses that form n three dimen-
sional figure (e.g., an animal llguro, tigme, or a 35
figure that reflects n person's likeness). The recesses and
projections or the llgurc of the upper is integmtecl with the
sole, and the depth of the projections, re<csscs, or both of tlw
upper range between e.g., nbout 2 mm to about 20 nun (pref-
erably llClWl'ln ubnut :\ mm and about 10 mm). The sole: and 4o
upper, in an aspect, arc substanthtlly or fully n.mnc:d lrom
molded plastic. Also, the projections and recesses of the
imprinting surlhce animal imprintingsurthce) allow one
wearing shoe to mnke imprints on a soft surface or hnrcl
surll.tcc when sok is wet. Preferably, and the llgure on the 45
outer surlltcc or the upper relates to, c:orrcsponds to, or oth-
c:rwise corrclutcs with the print oft he imprinting surt11cc. The
molded plastic, in an embodiment, made of recyclable mute-
rial and is In an aspect, tl1e Jigure is an animal
figure or u 3-dimensional dmracter llgure. The m1imalligure so
of the upper includes a ladybug, an alligator, n frog, a
duck, a dinosuur, bugs (e.g., a 11rclly and a bee), a turtl0, a
panthcr and 11sh.
In one aspect, the animal imprinting surlilce can be of
footpl'ints of the animal llgurc that fi.mllS the uppcr. The ss
imprinting sudncc has projections, recesses, or both that haw
a depth that rnnges between about 2 mm to about I 0 nun (e.g.,
between about 2 nun and 5 mm) to thereby obtnin an imprint-
BR!El
1
DESCRIPTION OF THE IJRA WINGS
The l'nrcgoing nnd other objects, fcatu!'cs and advnntagcs
of the invention will be apparent from the lbllowing more
particulurclescription of preferred embodiments of the inven-
tion, as ilhistmtecl in the accompanying drawings in which
like rcfcrcno<1 characters refer to tlw same parts throughout
the din<.'I"L'lll vit..'Ws. The drawings arc not neccssarily to scale,
emphasis instc:ud bdng pbced upon illuslruting the principlc:s
of the invention.
FIG. I A-1 Care schcmutic dmwing.s ol'a side view, bottom
view nnd n bac:k vi ow, respectively. ofn molded shoe featuring
u ladybug.
FIG. 2A-1C arc: schematic dmwings ul' a side view, bottom
view and a back vit..'W, rcspc:ctivcly, ora molded shoe featuring
tm ulligator.
FIG. 3A-1C arc schematic drawings of a side view, bottom
view and a back view, rcspcl'lively, of a molded shoe lea turing
a frog.
PIG. 4A-1C arc schematic drawings ofu side bottom
view mtd a back view, rcspcctivc.:ly, of a moldc:d shoe H:aturing
a duck.
DETAil ,I\)) DI\SCRIPTION OF TilE INVENTION
A des<:ription of preferred embodiments of the invention
follows.
The present inwntion rclatc:s to a molded shoc that lcattu0s
a three dimensional llg.urc. In llll embodiment, the tlm>c
dimcnsionnl flgure can be un animal, a chmacter, or of a
person's likeness. The molded shoe of the ptcscn! invention
includes a series of proj.;'Ctions and recesses that 1onn a pal-
tom (e.g .. un animnl pattern or a chnmcter pnttem) on the
bottom surlnce of the sole, and/or hns a three dimensional
flgurc integrated into the upper or any portion of tlw shoc.
(L,,g,, tops ofthe shoe, sides orthc shoe, the back oftlw shoe).
As rclc!Ted to herein, n sole is a p011ion nf the: shoe tlwt
lbrms the: bottom pm1 of the shoe; the part on whic:h the: fimt
rests. The sole has n bottom surll1ce that comes into contact
with the ground or floor, or other surt(Jcc on which a person is
ing surlrtcc. The shoes cau lhrthc:r include a sirup ltlr wrap-
ping around the back of the ankle, whcrdn the strup has a first 60
and sl'Cond end attached to the upper. "ll1c upper includes u
series of prqjcctions and recesses that lbnn u three dimen-
sional ligure that has an eye, a mouth, animal skin pattcrn,
leathers, scales, nose, teeth, grass, toes, feet, cars, 1\.tr, mouth,
claws or any combination thel'eof. 65 walking. Another portion of the shoe is the upper. The upper,
also known as n vamp, is the portion of the shoe that holds the
:;hoc onto the foot. In un embodiment, the upper is the port inn
An aspect of the invention includes thc tluc:c dimensional
11g.urc (e.g., animal flg.urc) intcgmtcd into the upper using. the
Case 1:13-cv-11425 Document 1-1 Filed 06/13/13 Page 9 of 11
us 8,371,043 82
3 4
ol'the shoe that covers the toes, the instep, the back of! he !hot, include using IlK' likeness of a person including lhmnus per-
uno/or the sides of the Jbot. A shoe includes footwenr such 11s sons. The three-dil!Klnsionalllgure oflhe upper indudes three
clogs, boots, sanduls, and the like. dimensional characters having ge1wral owrall Jtatures,
In an embodiment, the molded shoe of the present inven shape, lihness ofthe person or character (e.g., huts, hairstyle,
lion includ\)s 1l sole hoving a bottom surlhce. Tlw bollnm ac<.,essorks. insttuments, clothing, and the like). The sho\)s
surface cnn b\) shupl.:d such thnt all nr 11 portion of the surfhce can he ol' any color or colnr combinution. An uspccl of the
comes into contact with the ground. In the case of a flat shoe. invention includes a shoe with an upper having a three dimcn-
all ot substantially all oft he surlhce comes in contact with the sional flgUI\' or animal integrated therein.
walking surtllce. whereas in the cnse of a heel, portions (e.g., to l.'fGS. I A-C shows Indy bug siHll.l I 0 lll' the
the bnll oftlwl(lol and the heal)of'tlw shoe cDmes intoconta<.'l 10 present invention. FIG. I A shows a side view of the molded
with the walking surfitce. The bottom surli1ce of the molded shuc and has strap 2 and lady bug uppcr 4A whkh is formed
slmc of the present invention lws a series of projections and hy n ladybug's body which includes a mouth. eyes, and wings
recesses that tt.mn various imprinting surfltCl'S featuring a having a wing pnllcrn. The shnc design further includcs Indy-
print that correlates to the three-dimensional ligmc, such as bug lee!, leaves and grass. The ladybug shape is Jonncd from
an animal print or character print. The prqjl>ctions and t5 a series of projections and recesses tlmt nre integrated into a
recesses are shaped untl contoured to form the print. The print lhre<' dimensionnl animal 11gllrl' of the upper. !'he upper <'Wl
(e.g., nninwl pl'int) cm1 include variety of items related to the !irrther include openings e.g., to accentuate the animal pattern
three dimensional llgure of'lhc upper, e.g., tool prints, tmcks, such us the wing put! em.
leaves, unimul shup()s, lily pads, grnss, and any combination The shoe shown in the tlgure is n clog. However, th\o-' shoe
thereof'. Other animnl relutcd items cnn J(mn the imprinting 20 can be embndied in other types of' shoes such as sandals,
surlhce of the shoe or the present invention. In a preferred boots, closed shoes and other types known in the art.
embodiment, the animal print on tho boll om surfhce includes The shoe l\1rther includes strap 2, when worn, wraps round
a Ji.mtprint of the Jcnlul'ed animal (e.g., the animal that forms tlw btK'k or IlK\ ankle. The strup has two ends, ouch end
tlw thn.'C dimensional portion of the upper). attaching to u portion ol'llw upper. The strap can bl) stntionary
The and rec.:essex (e.g., indentations) on the sole 25 or pivot. Additionally, the strap cnn he made of molded plus-
nrc deep enough to make un imprint on u surlhcc. In un tic, or from <1110ihcr mutcrial (e.g., cloth, leuther), or comhi-
embodinwnl, the pro_iectiuns. !'()<:csses or both huw <1 depth nation thereof. The sirup cun use nn attad1ing and/o1 ml_just-
thal ranges between about 2 mm to nbout 10 nun (e.g., able menus that include a buckle, snaps, velcro, buttons,
erably between <lhout 2 and 5 nun). In an embodiment, the fasteners, or other methods known in the art or Inter devel-
surfln:e on which the imprint is made is a son sur11tce, such as J(l oped. The stmp can be attached directly nr indirectly. For
dirt, sand, or mud. In another L'mbodiment, the surli.1cc can be exmnple, washers can be used to inuirectly mnnect the strap
a hard or non-spongy surface, and the bottom surtlwe of the end und the sboc to allow the sirup In more easily rotate.
shoes of tlw prestml invenli(1ll L'an he coated with an imprint In a prcli:rrcd embodiment, the shoe and the strap is made
ing solution (e.g., washable paint). In yet another embodi- liommoldcd plastic, or u material that is recyclabk,, The shoe
ment, the boltom surface can be corned witb n solution thnt 35 of the present invention, in one us peel, is made of recyclable
only appears on paper that reacts to the solution. Still in material and is recyclable. The shoe can 1\Jrthcr include n
another embodiment, the bottom surlilcc can be welled and logo, trademarks or a recycle symbol on any part of the shoe
prints can b() made on a dry surfi1ce. including the ht11lom imprinting surlhCL'.
The present invention, ill au aspect, further includes an The bottom sul'lhcc of sole 6A shown in FIG. 113 shows an
upper that has till otHer surHtce (e.g, an nulcl' layer) with a 40 unimal imprinting surlhct.!. This particular surlhcc shows
series of projections and recesses that fhrm an animal llg1ll'e, series of'ludybugs on lem'es. Hence, when u person or child
a chamctcr figure or other 3 dim\o-'nsional Jigure. The 3 dim en wearing the shoes walks on a soft surlhce, an imprint of
sionalligure can be integrated into all or any portion of the ladybugs on leaves will be made. In rKidition to an out !inc ol'
shoe upper which includes the portions which cover the the featured animal, rmimnl lbotprints crm Jhrm the imprint
instep, the toes, the back oftlw foot, and the sides of the loot. .JS (s<.'c soles 6!3, 6(', and 6D of FlUS. 2B, 313, and 413,
The figure (L'.g., animal ligure), in an embodiment, has eyes, respectively). Other animal llgmvs that form the imprinting
mouth, nose, ems, hnir, feathers, sculcs, wings, n skin pattem, surlhce of the present invention im:lude anirmil symbols,
gruss, und nny combinutinn thereof. The figure is a three lwhitats, (e.g .. gruss, leaves, rocks. 1\'tltcr), animal
dimcnsionalllgme that is intcgmtt.'<l with the upper, ns com- outlines, and the like. The animal figures that l\1n11 the
pared to two dimensional pictures orcln:rwings that arc printed 50 imprinting smlhcc can be repetitive or non-repetitive. In a
onto the shoe. The projections and recesses me contoured and preferred embodiment, the animal imprinting surface on the
shaped to 1\mn the lhl't.'C dimensional l1gurc. The shoe of' the bottom surlhcc of the sole relates (l\ or matches the aninwl
present inwntion can be formed into any animal 11gure, and llgurc of the upper. Fm exampk. wcbbd feel imprinting
somu cxmnples shown in the ligures include n ladybug, alii- surHtce with a duck animal llgure is used in un embodiment.
gator, f'rogundduck.Additionalanimal ligurescanbufonncd ss The anim:d print or the impl'inting surlilCC relates to tlw
as part of the shoe, us described herein, and they include anatomy, habitat or wuy of life of the featured animal or the
dinosaurs. tigers, lions, snakes, penguins, dragons, girnlles, upper.
elephants, pandas, bears, butter11ies, dmgonllics, hippopota- Referring to PlGS, 2A-2C, alligntor shoe 20 of! he present
mus, hugs (e.g., a !irony and a hec), u turtle, a panther, 11sh, invention li.,atures nn alligator. In these 11gurcs, alligator
etc. m any other animal. Examples of types of dinosaurs Gil upper 41l includes (e.g., pmjections and rercesses)
include triceratops, nrclmcopteryx, compsognnthus, tyrunno that shupc the alligutol" s mouth, Ieeth, bcuk, eyes. unci skin
saurus, l1Jl!llnsuums, ichthyosaurs, mosusnurs, plesiosaurs, pattem. 'll1e projections and recesses uro further shaped to
plcrosams, dimetrodon, nnkyJosaurus, dimetrodon, anuno- include swamp-like gmss. The bouom imprinting surll1cc of
saums 1111d iguanodon. In an embodiment, the ligurc can be of sole 613 has <1 series that HHm alligator teet and lily
a character (e.g., fictional or non-fictional character). 65 pads.
Examples of l1ctional chamcters in dude those seen in car- Similarly, FIGS. 3A-C shows the plastic molded Jlog shoe
tmms, plays, on TV shows, and the like. Chamcturs further 40 of the pi'escnt invention in whk:h thu cmltOlii'S lt>rm a three
Case 1:13-cv-11425 Document 1-1 Filed 06/13/13 Page 10 of 11
us 8,3 71,043 82
5
dimensional frog. Frog upper 4C includes projections and
that an.' shuped to include a mouth, eyl.'s, nostrils, the
ling's skin pattem (e.g., bumpy), and its habitat that indutb
grass. The imprinting of sole 6C has projections and
recesses that lonn wehbt.d feet. lily pads and gmss.
A three dimensional duck figure is the lht:us of dw;k shoe
60 shown in FIGS. 4A-C. Duck upper 4D's projections and
recesses form the ducks beak, nostrils, mouth, eves. t<::athers,
nnd grass, while the cot'J'<.lsponding bottom of sole 6[)
is to li.mned duck Jcet, lily pads, and grass.
The material of the molded shoe is preferably a molded
plnslic, hut can he made ofntbbcr, vinyl, thcnnoplastlc mate-
rial, thennoselting plastic material, or any other material that
cnn be molded. The invention can use any molded plastic. ln
l!J
an embodiment, the shoes of the present invention nre llll 15
it\iection molded Ethylene Vinyl Acetate (EVA), EVA, a
copolymer of ethylene and vinyl acetate. EVA is a polymer
that is soft and llexiblc, and pwcl.'ssed like a th<lnnoplastic.
EVA is nvnllablc nom l1 number of rl.'tnilcrs
including Dupont. Injection molding is a manull1c!uring tech- 10
nique that uses materinls such as thennoplnstic and thermo-
setting, plastic nwterials. Molten plastic is injected nt high
pressure into a mold, which is the inverse oflhe shape
(e.g,., an inverse of the thrle dimensional ClllltOUl'S of the
animal !igurl.' nnd the of the corresponding animal 25
imprint on the bottom imprinting surlhce). A Her !Ill embodi-
ment of thl' present invention is designed, molds nrc nwde
e.g., lrom metal, usually either steel or aluminum, und preci-
to limu tile lcnturcs of the shoe.
The shoe of the pr<.>scnt invention, in nn aspect, is made in 3o
part l)t' in whole Jiom a muterial that is recyclable. In u
prclcrrcd embodiment, the whole shoe including the strap and
optionully the means for securing the stmp is mudc from a
recyclable materinl.
The present inwntion includes method of printing animal 35
prints on a sudhce using the shoes of the present invention.
The method involves the user who is wearing the shoe step
ping on11 surli1cc. The net of stepping or applying pressure to
6
Wllile this invention has been pnrticulnrly shown and
with rcl'crcJwes to prelcrred embodiments thereof.
it will be understood by those skilled in the art that wtrious
changes in for!ll and details may he made therein without
departing Jlmn the scope oft he invention encompassed by the
appended clairns.
What is claimed is:
J. A shoe that tomprises:
a. a sole that includes u bottom and
b. an upper having sides extending from the sole and a toe
portion, wherein the sides und the toe p1H'tion comprise
an outer surface that compriSl'S a series of pmjcctions
and rectlsses that liJI'm n three-dimensional animal or
dwrncter tlgure with one or more fcatmes;
wherein the sole, and the upper whkh includes the sides,
tne pnrtion and the three-dimensional animul or charac
tcr ligurc having, the nne or more lcuturcs nrc n single
piece substnntially lbnncd llom n molded materiaL
2. The shoe of claim 1, wherein the sole has a bottom
surface that comprises a series of projections and recesses that
lorm a print to thereby lbnn an imprinting snrlilcc, wherein
the figure on the outer surlllcc of' the uppl.'r relates to the print
of the imprinting surli1ec.
J. A molded shoe li!atudng anunimal, the shoe comprises:
a. a sole having a bottom surface that comprises a series of
projections and recesses that lbrm an animal print J{Jr an
animal. to thereby obtain an nninwl imprinting surl11cc;
nnd
b. an upper sides extend Jiom the solo nnd a toe portion,
wherein tho sides and the toe portion comprise an outer
surlllce that comprises a series of pmjections and
recesses that fnrm u three-dimensional animal ligurc
with one or more lcaturos, wherein the upper, having the
sides, the toe portion and lhe three-dimensional animal
figure having, the one or more Ji.>atures is molded into a
single piece;
wherein the sole und upper arc substantially li.mned from
mokkd plastic; und the animal figure on the ol!tl!t' sur-
lilcc oft he upper relat<.s to the aninwl print ol'lhe animal
imprinting surtltcc.
4. The molck'd shoe of claim J. wherein th<l material oft he
molded shtw is molded plastic thnt is made from recydl'd
plastic.
5. The molded shoe ofclaitn:l, wherein the' animal J'catured
is selected 1\om the group consisting, uf: a ladybug, m1 alliga-
tor. a frog, n duck, a dinosaur, a bug, lt turtle. a panther and u
llsh.
the bottom imprinting surli1ce of the shoe creates an impn:s-
sion 1111 the surlhcc. The surlltce can be n soil or spongy 40
surlhce, such us son dirt, mud, nnd sand. The depth of the
indentations (e.g,., the protntsions nne! recesses) that form the
animal print on the bottom surlh<;e of the shoe allows one to
make an impression or imprint on the surlhee. The method
further include'S llrst placing the shoe on the wearer's lcct. 45
Alternatively, the imprints can b mude on a hmdl.'r or nut
surlhce when surlhce is cmtted with a print nwking solutions
(e.g., wnshahlo p<lint). In yet another embodiment, solutions
which reacts only to the surfhce on which the user is stepping 6. The molded shnenfclaim5, wherein the animal imprint-
so ing surH1w includes projections and relesses that form foot-
prints Of the fcat111'ed animal.
to show color. Another embodiment is wetting the bottom
surHJCe of the shoe and making, prints on a dry surfhce such
that the print can be seen when wet.
Extlmplill\:ntion
The shoes shown in the figures were made using EVA
iqjectionmnlding technique's. A mold of each oft he unimal
shoes were precision machined to Jorm the inverse of the
figure. Molten EVA was injected ut high pressure into a mold
to form the shoe. Snaps were adchxl to the stmps lbr securing
the strap to the shoe.
A \)orresponding l'CT application is being flied concur-
rently herewith and is entitled "SIIOES" hy Joel Rusnak, lilcd
on even date herewith, Applkation No. I'CT/US OR/71921.
The teachings of which are incorporated herein by relercnec
in their entirety.
The relevant teachings of all the relcrenccs, patents and/nr
patl.'nt applications cil\ .. xl herein arc incorporated herein by
in their entirety.
7. The molded shncofclaim 6, wherein the animal imptint-
ing surlhee has projections, rocesses, or both that have u depth
that runges between about 2 nun In about 5 111111 to tlwrcby
)5 obtain an animal imprinting surlhcc.
8. The molded shoe ofelaim3, J\trthcr including n strap Jbr
wrupping around the back of the ankle. wherein the strap has
a first nnd second end attached to the upper.
9. molded shoe nfclnim J, wherein the upper includes
6o n series oJ'pmjections and recesses that ltll'ln an animal llgure
that hus eyes and n month.
I 0. The moltkd shoe of claim 9, wherein the upper further
includes a scrks of projettions and recesses that form un
animalligmc that has one or more of the lbllowing l'eattll'l's:
<,s animal skin pnttern, fcntht'rs, scales, nose, teeth, grass, legs.
eyes, toes, Jcct, ems. Jhr. mouth. elaws or any combination
thereof.
Case 1:13-cv-11425 Document 1-1 Filed 06/13/13 Page 11 of 11
us 8,371,043 82
7
11. A method of making nn animal imprint on a surlhce
with u molded shoe; the method includes;
a. shlpping on the surlilcc with a molded shoe featuring an
unimul, the shoe comprises:
i. a sole having a bottom surlltce that comprises n series of
projections and recesses that l'orm (Ill animal print ILJr an
animal, to thereby obtain nn animal imprinting surliu:e; and
ii. :m upper having sides extending tiom the sole and a toe
pm1ion, wherein the sides and the toe portion comprise an
outer surlhce that comprises a series ol' projections and
10
n.'Cesses that lonna threc-dinwnsional animal [Jgurc with one
or more leatures;
wherein the sole, and the upper which includes the sides, toe
portion and the thrclJdimensionulunimall1gure lwving the
15
nne or more Jcatutes arc u single pilJClJ substantially ILmned
Jh.Hn molded plasti<;; and tlw animal Hgure on the outer sur-
lhce of tlw upper relatlJs to the animul print of the unimnl
imprinting surlhcc.
12. The method of claimll, wherein the smlhce is a soli
surlhtc that includes dirt, mud, sand or clay.
13. A shoe that comprises:
u.u sole; m1d
8
b. an upper having sides extending lhlln the sole and u toe
portion, wherein the sides and the toe portion comprise
an outer surl1tce thut comprises a series ol' projlJctions
and recesses that lbnn u three-dimcnsionul flgurc with
one or more leat1ll'es;
wherein the sole, the upper including the threc-dimen-
sionul animal (]gmt' having the one or more l'eatun:s me
a single substantially ll.ll'lncd liom a molded nwll-
rial.
14. The shoe of claim 13. wherein the sole has n bottom
surllu.:cthut comprises a series ofpmjcctions and recesses that
Jlmn a print H.lr the llgure, to thereby obtnin a figure imprint-
ing surll1ce, wherein the llgure on the outer surlhce of the
uppet' rclatlJs to the print of thlJ figure imprinting stulilcc.
15. The slwc of' claim 13. wherein the thrce dimensional
Jlgure a eharactl'r, liketwss of u person, or an uni-
nwl.
Case 1:13-cv-11425 Document 1-2 Filed 06/13/13 Page 1 of 5
EXHIBIT2
{W2911586.2)
Case 1:13-cv-11425 Document 1-2 Filed 06/13/13 Page 2 of 5
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Case 1:13-cv-11425 Document 1-3 Filed 06/13/13 Page 1 of 21
EXHIBIT3
{W2911586.2}
Case 1:13-cv-11425 Document 1-3 Filed 06/13/13 Page 2 of 21
(12) United States Patent
Rusnal<
(54)
(75) Inventor: ,Joel Newburyport, MA (US)
(73) Assignee: Polliwnlks, Inc . Sudbury, [V!A (US)
( *) Notice: Subject to any disclaimer, the term of this
pntent is extended or adjusted under 35
U.S.C. 154(b) by 566 days.
(21) Appl. No.: 12/5tl5,1l93
(22) Filed:
(65)
.Jul. 20, 2009
Prim Publlcutlon Datu
US 2010/0126045 AI May 27,2010
Rein ted U.S, Application Dutn
(63) Continuation-in-part of application No. 12/184.417,
filed on Aug. I, 2008.
(60) Provisional application No. 6l/075,77R, 11lcd on Jun.
26, 2008, pmvisionul upplicution No. 60/953,246,
filed on Aug. 1. 2007.
(51) Int. CJ.
A43JJ 23100 (2006.01)
(52) U.S. Cl ................................... 36/11.5: 36/1:'16; 36/4
(58) Field of Clussiticution Scurch .................... 30!112,
(56)
3o/l36, 4, 11.5; 12/142 S, 142 RS; D2/R97 S99,
1)2/948, 952
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ncfCI'('llCI'S Cited
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3,158,558 A
3,402,485 A
3,538,628 ;\
3,906,fi42 A
1,050, 167 A
4,050.Ifil-: "
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1011890 Quarric
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111111111111111111111111111111111111111111111111111111111111111111111111111
CN
CN
US00837 I 04482
(tO) Patent No.: US 8,371,044 B2
Feb. 12,2013 (45) Date of Patent:
D2fit,I<J5 S
D282,309 S
02S2,3l0 S
IOI19XI Weiss
11191>6 Vnlori
llt9S6 Valori
(Continued)
FORI \tUN PATENT IJOCliMl\NTS
2618470 y 6/200.4
272,1453 y !J/2005
(Continued)
an ll\R PUI3LIC/\TIONS
Ontint! webpagc, Crocs Footw.:ar, Crocs, Inc. (Niwot, Colorado);
Aug. I, 2007,
nspx'/rcqidoc4S: r<:q l'rodTypcJdc <1& suhscctionnamcc footwear.
l'rillllll)' ll'.mlllill<!r Marie Pullerson
(74) Allomcy. Agent, m Firm Antoinclte G. Ciiugliuno;
i\GG lntellcctuul Property Law
(57) ABSTRACT
The prcsl'Ilt invention relates to a molded shoe l"uturing u 3
dimc,nsional 11gure (e.g., an animal or clwrnetcr). The shoe
has n sole having a boll om surtlll'C that comprises a series ol'
projections and recesses that 1i.wm a print tor nn animal or
charm:ter, to thereby obtain an imprinting surlrJce: and un
upp<:r, attached In the sole, having uu outer surHicc that com-
)Wises <l series of projections and fCC!.1SSeS that fnr111 ll three
dimensionallig.ure (e.g., an animal figure or a charncter Jig-
ure). The sole and upper are substantially Jbrmed tiom
molded plasti<..'; the pmJections and recesses of th() animal
imprinting smlltee allow one wearing the shoe to make
imprints on u soft surlhec, and the three dimensional ligurc on
the outer surlhcc of the upper relates to the print of the
imprinting surlhee. The methods of the present invention
l[uther include making imprints With the bottom Sllr!ilGC of
the shoe.
In an aspect. the shoe oft he present invention inclttd()s a sole
that includes a bottom surlitcc and <Ill outsole extending !here-
from: ami a toe cttp, wlwrL'in the toe cap and the outsole
comprise au sudi1ec tlwt comprises n series of projec-
tions and recesses thut lhnn u three-dimensional llgure. The
toe C(lp, the sole, the outsole, and the three-dimcnsimwl ani-
mal or character figure arc a single piel'G 1brmcd by
material. This embodiment orthe inventionli.lrther includes n
modified upper, adapted to attach to the toe <.:ap and the
outsole.
II Claims, IJ Sheds
Case 1:13-cv-11425 Document 1-3 Filed 06/13/13 Page 3 of 21
U.S. PATENT DOCUMENTS
0290,062 s
5,331,753 A
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:\
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US 8,371,044 B2
l'ngo2
6,993,858 B2
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1)517.790 s
D521,217 S
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D525,4l1J S
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D532,1SX S
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D535,08S S
DS4J,6gl s
D544, IS2 s
D5<17,540 S
D541J,43<l s
D567,4S2 S
1)6()4,031 s
2002100S362J AI
200210166258 A I
2004/0D I 190 A I
2006!004lH07 AI
200710130797 ;\ l
2/2006 Scanlans
3/2006 Scnmnns
3/2006 Seamans
;l/2006 Seamans
512006 Moehring eta!.
712006 (h;hoa
712006 Seamans
10/2006 Wolf
ll/2006 ivlcCiaskic
1212006 Scamans
112007 Seamans
6/2007 :VkCnrthy
6/2007
7/2007 ivlmlcrspach
S/2007 Sen mans
41200S Hoyt
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7/2002 JoS<'ph
1!12002 Po sa
11/2004 Sen mans
.l/2006 Seamans
612007 Seamans
FOREIGN PATENT DOCUMENTS
CN 2761006 y 312006
FR 23433'!5 9!1977
wo \VO 02/052972 712002
wo \VO 20041064556 A2 l';/2004
Case 1:13-cv-11425 Document 1-3 Filed 06/13/13 Page 4 of 21
U.S. Patent Feb. 12, 2013 Sheet 1 of 13 US 8,371,044 B2
~ I
Case 1:13-cv-11425 Document 1-3 Filed 06/13/13 Page 5 of 21
U.S. Patent
Feb.12,2013
Sheet 2 of 13
US 8,371,044 B2
~ I
Case 1:13-cv-11425 Document 1-3 Filed 06/13/13 Page 6 of 21
U.S. Patent Feb. 12, 2013 Sheet 3 of 13
US 8,371,044 B2
Case 1:13-cv-11425 Document 1-3 Filed 06/13/13 Page 7 of 21
U.S. Patent Feb. 12, 2013 Sheei 4 of l3
us 8,371,044 82
~ I
Case 1:13-cv-11425 Document 1-3 Filed 06/13/13 Page 8 of 21
U.S. Patent Feb. 12, 2013 Sheet 5 of 13 US 8,371,044 B2
Case 1:13-cv-11425 Document 1-3 Filed 06/13/13 Page 9 of 21
U.S. Patent Feb. 12, 2013 Sheet 6 of 13 us 8,371,044 82
Case 1:13-cv-11425 Document 1-3 Filed 06/13/13 Page 10 of 21
U.S. Patent Feb.12,2013 Sheel7 of 13 US 8,371,044 B2
Case 1:13-cv-11425 Document 1-3 Filed 06/13/13 Page 11 of 21
U.S. Patent Feb. 12, 2013 SheetS of 13 US 8,371,044 B2
52 A
FIG. 50
FIG. 5f
Case 1:13-cv-11425 Document 1-3 Filed 06/13/13 Page 12 of 21
U.S. Patent Feb,12,2013 Shee19 of13 US 8,371,044 B2
Case 1:13-cv-11425 Document 1-3 Filed 06/13/13 Page 13 of 21
U.S. Patent Feb. 12, 2013 Sheet 10 of 13 US 8,371,044 B2
Case 1:13-cv-11425 Document 1-3 Filed 06/13/13 Page 14 of 21
U.S. Patent Feb.12, 2013 Sheet ll of 13 US 8,371,044 B2
Case 1:13-cv-11425 Document 1-3 Filed 06/13/13 Page 15 of 21
U.S. Patent Feb.12, 2013 Sheet 12 of 13
US 8,371,044 B2
Case 1:13-cv-11425 Document 1-3 Filed 06/13/13 Page 16 of 21
U.S. Patent Feb.12, 2013 Sheet 13 of 13
US 8,371,044 B2
:=I
Case 1:13-cv-11425 Document 1-3 Filed 06/13/13 Page 17 of 21
us 8,3 71,044 82
1
SHOES
IU\LATED APPLICATION
application is a Continuation-In-Part of U.S. patent
application Ser. No. 12/1 84,417; nled Aug. I, 2008, entitled
"SIIOES"; which claims tlw benefit of U.S. Provisional
Application No. 61/075,778, entitled "Sf!OES" by Joel Rus-
nak, !ilcd on .Jun. 26, 2008; and U.S. Provisional Application
No. ()0/953,246, t'ntitled "ANIMAL PRINT MAKING
SHOES" by .lod Rusnak, filed on Aug. I, 2007.
The entire l<.'achings oft he uhove applications ure incorpo-
rat<.xl herein by reference.
BACKGROUND OF THE INVENTION
Shoes for children many times can lack a fun thcnw untl/or
three dimeusionnl design. Children enjoy exploring and
teaming about new things. In purtkular, many children have
u love ofaninmls :md churacters, and like to learn about them.
A need exists for shoes that have three dimensional, 1\m
themes. In particular, n need exists for shoes that have a three
dimensional animal or character figltrc integrated into them.
A further need exists to make a three dimension aninwl/
character shoe that also makes imprints.
SUMMARY OF THE INVENTION
The present invention relates ton molded shoe lcnturing n
figure. The shoe has 11 sole h11ving" bottom
surface that comprises a series of projections and recesses
(e.g., contours) that lim11 a print (e.g., an animal print, whkh
include animal loot prints or animal tracks), tnthcreby obtain
un imprinting surlhce. The shoe further includes nn upper,
attached to the sole, having nn outer surJi:tce that comprises a
series of projections nnd recesses that lonn a three dimen-
sional flgme (e.g., nn animnl figure, character figure, or n
l1gurc that reOects u purson's likeness). The recesses nnd
projections of the Jlgurc of the upper is integrated with the
sole, ;md the depth of the projections, recesses, or both of the
upper range bei\Vel1ll e.g., about 2 mm to about 20 mm (pref-
erably between about 3 nun and about 10 mm). In an embodi-
ment, the 3 dimensional figure of tho upper and the sole are
one piece lbnned hyn molded nwtcrinl. The sole and upper, in
an a$pl'Ct, arc substantially or fi.llly limned from molded
plastic. Also, the projections and l't'Ccsses or the imprinting
surface (e.g., animal imprinting tillow one wearing
the shoe to make imprints on n soH surlhcc or hard surtit<:c
when sole is wet. Preferably. and the figure on the outer
surfi1ee of tlw upper relntes to, corresponds to, or otherwise
correlates with the print of the imprinting surlhce. The
molded plastic, in an embodiment. made nJ' recyclubk mate-
rial and is recyclable. In nn aspect, the three-dimensional
flgure is nn animal figurl' or tt chamctet figure. The animal
ligure of the uppc1 includes e.g., a ladybug, an alligator, a
liug, a duck, a dinosaur, bugs (e.g., a liretly and a bee), a turtle,
a panther and llsh.
In one aspect, the animal imprinting surfi!Ce cun be of
1\)()tprints nf the animal !lgurc !hut forms the upper. The
imprinting snrlltee has projections, l'L'l'l1sses, or both that huve
u depth tbnt mngcs between nbout 2mm lo about I 0 nun (e.g.,
between ubnut 2 nun and 5 mm) to thereby obtain an imprint-
ing surlltce. The slmc:s can further include n strap for wrap-
ping around the back oft he ankle, wherein the strap has nllrst
and second end al1nched to the upper. The upper includes a
series of' projections and recesses that l!mn a three dimcn-
tlional tlgure that has an eye, a mouth, animal skin pattem,
2
leathers, scales, nose, teeth, gmss, toes, feet, ems, f11r, mouth,
claws or uny combination thereof.
Anuspccl oftlw invention includes the thrcl' dimensional
llgurc (e.g., animul !lgure) integrattxl into the upper using the
series of projections and recesses, as described herein, inde-
pendent Of the prints on the bottom Slll'fllce of the shoe.
Similarly, an embodiment of the present invention includes
the series of projections and recesses that make the imprint
(1.g., animal imprint) on the bottom surfitce ofthe soil', indo-
Ill pendent of thQ three dinwnsional of the upper. In yet
another embodiment, the present invention relates to a shoe
that has both.
The present invention ti.lrther includes methods of making
an imprint on n surfhce with a molded shoe, as described
15 herein. The methods include stepping on the smfhcc with a
shoe or the present invent inn, us described herein.
The is a S(lf't surlhce that includes dirt, mud, sand or
clay. In an embodiment, the method further includes coating
the bottom surfitec with u print making solution, and stepping
20 on to a surl11ce like paper to mnke imprints. In yet another
embodiment, the method inclmks welting the bottom surlitcc
of the shoe nnd stepping on a dry surfltce to make the imprints.
In another embodiment. the prl'Sl'nt invention includes a
shoe having a sole, as described herein. a toe cnp, and an
25 outsole, wherein the toe cap ami/or outsole, rather than the
upper, has un outer surfbce that comprises u series of projec-
tions and recesses thnt lbnn a three-dimensional figure.
Just cad of the upper and the sole being a single molded piece,
ns described herein, in this embodiment, the toe cap, tho sole.
Jo the outsole, and three-dimensional ligurc are a single piece
lormed by a molded material. With this embodiment, the shoe
l'urtlwr includes a modilled upper. adapted to uttuch to the toe
cap nnd outsole. Examples of uppers modified to adapt to flt
the toe cap include a sneaker upper, a "Mary Jane" upper, a
35 boot upper, a slipper upper, and a sandal upper. The upper
includes straps, hook and loop fbsteners, laces, zippers. but-
tons, fitslcners, and the like. 'll1e projections, recesses or both
of the toe c.:up and/or outsolc haven depth thnt mngcs e.g.,
between about 2 111111 tn about 20 mm (e.g., prelentbly
10 hctw,xn about 2 and I 0 mm). 'll1c animal imprinting surlitce
has proj!Xlinns, rQccsses, or both that have a depth that ranges
e.g., bctWl'Cll about 2nuu to about 5 mm to thereby obtain w1
animal imprinting surlhce. As described herein the sole has n
bottom smlitce that comprises n series of and
45 rccssts that limn a print to tlwrchy f'twm !lll impdnting sur-
li.tce, wherein the flgurc on the outer surfi1cc of the toe cap
relates to the print of the imprinting surfhce. Tlw moldl'<l
muteriul or u thennoplustic muterial cnn be used. Examples
include Ethylene Vinyl Acetate (EVA), rubber, ThennoPfns
50 tic Rubber (TPR), Polyurethane (f'U), (PolyVinyl Chloride)
PVC, or n combination of' any of these mnterinls combi1m:l
with these or other materials. In l'l'rtain <tspet,ts, the molded
plnstic is rt.'l')'t'lable or mude flom rccyckd material.
In an <tspcct, the present invention includes a sole having a
ss bottom surthce that comprises a scl'ies of projections and
recesses that form an animal print l\.1r an animal, to thereby
obtain an animal imprinting surlhce; and a toe cap and out-
sole. wherein the toe cap and outsole include an outer sud!tcc
that comprises a series ofpmjcctions and recesses that f(mn a
6u three-dimensional animal flgurc', wherein the toe cap, the
sole, outsole, thcnnimal imprinting surll1ce, and three-dimen-
sional animal or chamcter figure arc 11 single piece fbrmed by
a molded material; and a modified upper, adapted to attached
to the toe cap. The projections and recesses of the animal
65 imprinting surfhce allow one wearing the shoe to make
imprints, and the animal figure on the outer surlitcc or the
upper relates to the animal print or the aninwl imprinting
Case 1:13-cv-11425 Document 1-3 Filed 06/13/13 Page 18 of 21
us 8,371,044 82
3
surlhee. As used herein, the animal can reler to a three dimen-
sional reul animal (e.g., an indt wonnoru lizanJ) ora 11ctionul
aninwl (e.g., a trccpetor tree creeptr). In m1 aspect, the toe cap
und/or outsole ilwludes u series of projections and recesses
thut lhrm an nnimal figure thnt has eyes, mouth, nnimal skin
pn!tcm, scales, nose, teeth, gruss, legs, toes, leet,
curs, fur, mouth, claws or any combination thereof.
4
FIG. SII is a schematic drawing. of a side view of a three-
dimensional inch worm l1gure made from the sole and toe cap
shown in FIG. SA. but with a modilkd "Mmy Jane" upper.
FIG. 6 is u schematic dmwing. ol' a side vkw ol'" thrcl.'-
dimensional lil'ard !lgme mudo from a sole und tlll' cup into u
single pioce li1rmcd hy a molded material. The figure shoes a
modilkd Zstmpupper.
The present invention relates to methods of making the
shoe described herein. The methods include injecting molten
plastic into a mold havingm1 inverse imugeofthesnle, the toe
10
eap and the outsolc having the series of projections and
recesses that fi.mu the three-dimensional figure, to thereby
obtain a molded shoe; and after the sole/toe cap/outsolc has
cooled, atlaching a modilkxl upper to the toe cap. The molten
15
plastic EVA, rubber, TPR, PU, PVC, or a combi-
nation of any of these nwtcriuls combined with thesl' or other
materials.
FIG. 7 is n schonwtic dmwing of a side view of a three
dimensional lictional tree crcatme ligure made l'rnm n sole
and toe c;1p ink1 a single lbnned by a molded material.
The ligure shoes u modi lied snl.'aker upper with lnces und a
hook and loop ll1stcner.
DETAILED DESCRIPTION OF THE INVENTION
A dcscriptinn of pnlerrod embodiments of' the inwntinn
follows.
The present invention relates to u molded shoe that leaturos
a throe dimensionnl llgure. In an embodiment. the three
dimensi111lal figure can be an animal, a character, or of u
person's likeness. The molded shoe of the present invention
The prosent invention has seveml udvwltuges. Children can
now lnjoy shoes with three dimcnsiom1l nnimnls or figures 20
integrated within the shoe. At the same time, children can
learn ;mellor make loot prints of the nninwl or chamctcr while
wearing the shoe.
includes a series of projections and recesses that li.mn n pal-
tern (e.g., an animal pattern or n dmructer pattern) on the
bottom surlltl'C of the sole, and/or bus a three dinwnsiomtl
BRIEF DESCRIPTION OF TilE DRAWINGS
ThL' foregoing and other objects, mtd udvantuges
of the invention will be apparent from the lollowing more
particular description ofprelcrred embodiments oft he inven-
tion, as illusttated in the accompanying dmwings in which
like reference charm:ters relet to the sume parts throughout
the diiTcrent views. The drawings aro not Jwccssarily to scale,
emphasis instcnd being pluccd upon illustrating the principles
of' the invention.
FlG.lA-lC me schematic dmwings of a side view, bottom
view and a back view, respectively, of a molded shoe lcaturing
a ladybug.
FIG, 2A-2C nrc schemutie dmwings of u side view, bottom
view and n buck view, respectively, of a molded shoe featuring
un alligatnr.
FIG. 3A-3C aro schematic drawings ofu side view, bottom
view and u back view, respectively, o fa molded shoe featuring
a frog.
25 11gurc intcgrnted into the upper (e.g .. tops of the shoe, sides of
the shoe, the buck of the shnc), or IlK' cap oft he shoe.
As referred to heroin, n sole is n porti1111 of the shoe that
forms the bolt om part of the shoe; the part on which the 1<.1ot
rl.'sts. The sole has a bottom surluce that coml.'s into contact
3o with the ground or floor, or other surHtcu on which a pc1'son is
walking. Another portion of the shoe is the upper. 'I11e upper,
also known as a vamp. is the portionol'the shoe that holds tho
shncnntn the li.1ot. In an embodiment, the upper is the pnrtion
oft he shoe that covers the toes, the instep. the hack oft he limt,
J5 and/or the sides of the loot.
In an embodiment, the shoe of the present invention
includes a toe cap. The toe cap is a portion of the shoe that
comes from the sole nnd covers the toes. The outsole is the
portion of the shoe that extends from the wle to the otllor, side
40 and hen! surlhces of shoe. As used herein, the toe cup covers
the tous, and theoutsnle continues the design lhnn ono side ol'
the tous (e.g., the big toe side) und wmp around the heal nnd
back to the other side of the toes (o.g., the pinky toe side). In
FIG. 4A-4C are schematic drawings of a side view, bottom
view and a back view, rospcctivcly, of a mokkd shoe featudng 45
a duck.
the case in which the shoe includes a toe cnp, tho shoe can
further include a modi lied upper to extend fhun tlw too cap to
covert he instep, sides of the foot, ankle ami/or lower leg (e.g.,
FlU. SA is n schenwiic drmving nf n side view nf n threc-
dimcnsionul inch worm figure mudc lh)l)l tl sole and toe l'llP
into a single piece formed by a molded material. The llgure
shoes a modified Z-strap uppl.'l'.
Fl G. 5!3 is a schematic drnwing of a top view of the three-
dimensional ineh wonn shoe of FlU. SA.
FlU. SC is a schenwtic drnwing of a bottom view showing
the imprinting surthcc of the three-dimensional inch worm
shoe of FlO. SA.
FIG. SD is a schematic drawing of n front view of the
tlm'C-climcnsionnl inch worm shoe of FIG. SA.
FIG. SE is a schematic dmwing, of a back view of the
throe-dimensional inch worm shoe of FIG. SA.
FIG. SJ! is u schematic drawing of a side view ol' u three-
dimensional inch worm figure made from the sole and toe cap
shown in FIG. SA, but with a modified sncnkcr upper having
n hook and loop !listener.
FIG. SG is n schematic drnwing of a side view of n thn .. 'C-
dimensionnl inch wormligme made from the sole and toe cap
shown in FIG. SA, but with a modified sneaker upper having
luces.
in thccuseol'u boot). The upper is modi lied so that it no longer
covers the toos, but extends from the toe cup nnd the outsolc
to otherwise hold tho shoe on the font. The shoo of this
so embodiment includes modilil.'d uppers such as clogs, boots,
sandals, sneakers, "Mnry .!nne" shoes, nnd the like.
In an embodiment, the molded shoe ol' the present inven-
tion indudcs a sole hnving n bottom surliJcc. 'l11c boUom
surlhce cnn be shaped such that all or a portion of' the surlhce
into l'OJ1tact with the ground. In the case ol'u llat shoe,
all or substantially all oft he suriltce comes in contnct with the
walki11g surfhce, whereas in the case of a heel, pot1ions (e.g.,
the bnll of the foot and the heal) oft he shoe comes into contact
with the walking surl11ce. The bottom surlltcc of the mnld'-xl
60 shoe of the present invention has n series of pro,jcltions and
recesses that lbnn vurious imprinting surlhccs !batwing a
print that correlates to the three-dimensional figure, such as
an animal print or character print. The projedinns and
recesses arc shaped and contoured to lbrm the print. The print
65 (e.g., animal pl'int) can include variety ofitcms reluted to the
thrct: dinwnsional figuro of the upper, e.g., ll1ot prints, trucks,
leaves, animal shapes, lily pads, gntss, and uny combination
Case 1:13-cv-11425 Document 1-3 Filed 06/13/13 Page 19 of 21
us 8,371,044 82
5
thereof. Other animal related items can lhnn the imprinting
surlitce of the shoe of th\J pr\Jsent inwntion. In :1 prefened
\Jmbodimcnt, the animal print on the bottom surHtce includes
a footprint of the fl,alurcd animal (e.g., the animal that forms
the three dimensional portion of tlw upper).
'l11e projl'Ciions and recesses (e.g., indcntutions) on the sole
arc deep enough to make nn imprint on a surfhce. In an
embodiment, the n.ccsscs ot both ofth<.> imprint-
ing surfl1cc huvc a depth that rnngcs between ubout 2 mm to
about 10111111 (e.g .. ptcfcrably betweenabout2 and 5 mm).lu to
un embodiment, the surfhcc on which the imprint is made is a
sort surlhcc, such as dirt, snncl, or mud. In unothcr embodi-
ment, the surlitcc can be a hard or non-spongy surl\tcc. umlthc
bottom surlhce of the shoes or the present invention can be
coated with an solution . washable pnint). In ts
yet another embodiment, the bottom surfitcc can be coated
with a solution that only appears on paper that reacts to the
solution. Still in unoth1;1r embodiment, the bottom surfhcc can
he wetted and prints cnn be made on a dry surlhcc.
The pt'cscnt invention, in an aspect, li.trther indudes an 20
upper, nloe cap and/or outsolc that has an outer surlhcc (e.g,
an outer layer) with a series or pmjections nncl recesses that
form an animal figure, a character figure or othct' thrctdi-
mcusionulligure. In an cmbodinwnl, the projt'Ctions, recesses
or both of the three dimensional flgurt; have a depth that 25
ranges between ubnut 2 null to about 20 nun (e.g., preferably
between about 2 <tnd I 0 nun). In the embodiment in which the
tipper has the throe-dimensional llgure, the llgurc c:1n be
integrntod into all or nny portion of' the shoe upper which
includes the portions which cover the instep, toes, the Jo
back of the !bot, ami the sides ortho foot.lntho C<tse of tho toe
cap, the is formed in at least a pur
lion or tho toe cap and/or outsolc. ln tho three
dimensional figure is lbnncd substantially all throughout the
top cnp and includes the outsolc e.g., the three dimensional 35
figure is formed around the toes, extending to the sides and
wraps around the heal. In the cnsc in which the sole and upper
include the three-dimensional llgure, the sole und the upper
nrc l pict:e lorn!L'd by u mokkxl material. In the case in which
the toecap includes the thrce-dimensionalllgurc, tlw sole unci 40
the toe cap ore I piece Jbrmod by n molded nmtcl'inl. In yet
another embodiment, the sole, the outsole and the toe cap arc
I piece formed into a three-dimensimwl figure by a molded
material. In this embodiment, n modified upper is adapted to
attad1to the toe cup. In such an aspect, the upper is adapted to 4:'\
cover less or the foot, mtd reduc:d such that it no longer
covers tho toes. In tho case in which the lhr,c-dimensiotml
figure ''overs the toes und goes Jiom tho toes nlong the sides
6
dragonllies, hippopotamus. hugs (e.g., u lirelly and a bee), a
turtle, a panther, fish, nn inch WOI'lll, ulizard, u <.Tecpc1. etc. or
any other anima, real or lictioll<il. llxamplcs of types ofdino-
suutr; indudo trkomtops. urchutx1pteryx. ''ompsognuthus,
tyrannosaurus, apatnsaums, ichthyosaurs, nmsasaurs, plesio-
suurs, pterosuurs, dimetrodon, ankylnsmuus, dimetrodon.
ummnsaurus and iguanodon. In an embodiment, the figure
cnn be of a chnmctcr (e.g., fictional or non-fktionnl charac-
ter). Exampk's nl' lictinnal characters include those st'Cll in
cartoons. plays, nn TV shows, and the like. Churnctorr; J\Irthor
include using the likeness of a person iududing l!unous per-
sons. The three-dimensional figure of the nppcrincludcs three
dimensional chnructers having overall features,
shape, likeness of the ordmracter(c.g., hats. hairstyle,
Ul'Cessorics, instnuncnts, clothing, and the The shoes
can be of any color or color combination. An aspect of tho
invention includes a shoe with an upper having a three dimen-
sionulllgurc or animal integratL'Cl therein.
Referring to FIGS. I A-C shows ladybug shoe 10 of the
present invention. FICi. 1A shows a side view ofthe molded
shoe and has strap 2 and lady bug upper 4A which is limned
by a ladybug's body which includes u mouth, eyes, and wings
having u wing pattem. The shoe design further indudcs lady-
bug teet, lcr1Ves and grass. The ladybug shape is J<mncd from
a series or projections and recesses that lire integrall'<l into a
three dimensional unimal figure or the upper. The upper CUll
further include openings e.g., to accentuate the animal pattern
such as the wing pa\1ern.
The shoe shown in tho ligmo is a dog. However, the shoe
can be embodied in other types of shoes such as sandals,
boots, closed shoes !lltd other types known in the art.
The shoe further includes strap 2, when worn, wraps round
the back of the ankle. The strap lbr use with the present
invention has two ends. each end attaching to a portion of the
upper. The strap can be stutionmy or pivot. Additionally, the
stmp l'llll be madtHlfntoldcd plastic, or from another malcriul
(e.g., cloth. leather), or combination thereof. The strap. in an
embodiment, cnn use an attaching nnd/nr adjustublc means
that include a buckle, snaps, volcro, buttons, l[u;ttnct'S, or
other known in the m1 or later developed. The strnp
l'an be attached directly or indirectly. For exnmple, washers
can be used to inditoJ.:tly contK'Ct the strnp tmd nnd tho shoe to
allow the strap to llllll'\l easily rotate.
In an embodiment, the shoe und the stmp is made Hum
molded plustic, ora mntcrial tlmt is recyclable. The shoe ofihc
present invention, in onl;) aspect, is made of rccyclublc mute-
rial and is recyclable. The shoe can further include a logo. and wraps around the heal, the upper is reduced so that it docs
not cover the toes, and does not extend to the portion of the
sides and hcalthnt is alreucly covered by the toe cap and the
outsolc. The nmdiflcd upper is attached to the toe l'ilJl with
adhesive, stitching, or otlwr methods for adhering molded
material with synthetic or stitched leather.
50 trademarks or a recycle symbol on any pm1 ofthc shoe includ-
ing the bottom imprinting surlht'e.
lltu figure (e.g., animal figure), in an embodiment, has
eyes, mouth, nose, cars, hnir. feathers. scales, wings, a skin
pattern, grass, and any combination thereof. The J1gure is n
throe dimensional figure that is integrated with the upper
nnd/nr toe cap. as compared to two dimensional pictures nr
tlmwings that are printed onto the shoe. The projL'Ctions and
recesses arc contoured and shaped to l(mn the three dimcn
sional figure. The shoe oft he present invention can be formed
into any animal figure. and some examples shown in the
ligures include a ladybug, ullig,utor, frog and duck. Additional
animal ligures can be formed as pnrt of the shoe, as described
herein. and they include din\lsaurs, tigers, lions, snakes, pen-
guins, dragons, gim ncs, elephants, pandus, bean;. butterllies,
The bottom surface of sole 6/\ shown in FIG. 113 shows an
animal imprinting surlhcc. This pm'ticular surlhcc shuws
series nf lmlybugs on leaves. lienee, when u person or child
-'' wcming the shoes walks on a son :mrlhce. an imprint of'
ladybugs on lenves will be made. In addition to an outline of
the featured animal, animal footprints can l'Lmn the imprint
surlhce (sec soles 68, GC. and 6D of FIGS. 28, 313, and 48,
respectivoly). Other animal l1gures, of the present invention.
6(J that li:mn tho imprinting surlliCl' of the present invention
include animal symbols, names, hnhitnts, (e.g .. grass, leaves,
rocks, water), animul outlines. and tho like. 'l11c animal lig-
ures that limn lhe imprinting can be repetitive or
non-repetitive. In a preferred embodiment, the animal
65 imprinting surlilce on the bottom surlhcc of the sole relates to
or matches the animal 11gurc of the upper. For example,
webbed feel imprinting surli.tcc with 11 duck animal 11guro is
Case 1:13-cv-11425 Document 1-3 Filed 06/13/13 Page 20 of 21
us 8,371,044 82
7
used in an embodimenl. The aninHII print of the imprinting
surll1r:e relates to the anatomy, habitat or way of lilb of the
lcntured nnimnl of the upper.
ReJbrring to FlUS. 2A-2C, alligator shoe 20 oflhe present
invention lbntmcs un :11ligator. In these llgures, alligator
upper 413 includes contours (e.g., und recesses)
that shape the nlligntor's mouth, teeth, beak, eyes, and skin
pnttern. The projections nnd recesses are J'mther shaped to
indudt swamp-like gruss. The bottom imprinting surlitcc of
sole 613 has a series ofcuntours that ltll'lll alligator lcct and lily 10
pads.
Similarly. FIOS. 3A-C shows the plastic molded 1\og shoe
40 of the present invention in which the contours form a three
dimensional tiug. Fmg upper 4C includes pmjections and
recesses that are shaped to include a mouth, eyes, nostrils, the 15
tiog's skin pattcm (e.g., btunpy), and its Jwbitat thut indudcs
The imprinting surliK:c of sole 6C has projections and
n.'Cess,,s that !brm webb1.d feet, lily pads and g,rnss.
;\ three dimensinnul duck 11gure is the fhcus of dtwk shoe
60 shown in FIOS. 4A-C. Duck upper 4D's prnj\.'Ctions und 211
recesses fonnthe ducks beak, nostrils, mouth, eyes, !bathers,
unci gmss, while the corresponding bottom sur!hce of sole 60
is shaped to formed duck Jcel, lily pads, and gmss.
FIG. SA shows n side view ofthree-dimensionnl inch worm
sll<w 50. In this embodiment, toe cup 52A, outsolc 54 A, 56A 25
and 54B and sole 66 mc I piece, lbrmed by molded nwtcrial.
The toe cup 52 A hus the three-dimensional figure mude 11-om
a plnrality of recesses and projections, as described herein.
The toe cup covers the toes and extends to out sole 54 A, wmps
around the heal at outsolc 56A, and extends along the other J!J
side at outsole 54 B. The toe cap serves to protect the toes. The
outsole together with the toll cap limns tlw three-dimensional
ligure. In toe cap 52A includes eyes 60A and 60!3,
mouth 58A and untenae 62A and 6213 to Jhrm the three-
dimensional Ji:lce of the inchworm llgure. The three dim en- 35
sional design continues to outsole 54A, 56A and 54B as the
inch worm's body. 11w recesses and projections that form the
three dinwnsional figure have a depth that mnges between 2
nun nnd about 20 mm. FIG. 5!3, showing the lop view nf
thrce-dimcnsionul inch worm shoe 50. The top view shows 40
that outsolc 54A, 56;\, and 54!3 limns the three-dimensional
body of the inch worm. Sole 66 has a bottom surJhcc with a
imprinting snrlhce that relates to the inch worm Jigure of the
toe cap. Sec FIG. SC. As described her0in, thll imprinting
surlltcc is a sedcs of recesses and projections that form a 4.>
pattern that relates to the figure. In this case, the pattern
indudes the footprint of an inch worm. These recesses nnd
projections have u depth thut ranges ft\1111 ahout2 nnn to about
10 nun.
The Jiont and back views are shown in FIGS. SD and SE of so
tluee-dimensional inch worm shoe 50. From these views, it
can be more clearly seen that the toe cap and outsole Jimu an
llgurc, mther than u llat image thnt is
painted on or otherwise adher<-'d to the sui'I(Jcc.
FIGS. SA-SE show threc-dimcnsional inch worm shoe SO ss
with a modified upper, namdy Z-slrap upper 64A. The upper
is modified to fit the l piccll molded toe cap/outsole. The
upper is adapted to lit a snwller surface area of the !bot,
reduced by that which is alremly covered hy the toe cap/
outsole. The modillcd uppers cm1 be substituted by several 6o
other types of uppers. For example, the uppers, in this uspect,
can be stitched leather uncVor made Jinm synthetic mutcrials.
FIGS. SF, SG, and SH show three-dimensional inch worm
shoe 70,80 and 90 Tlw difterence between these
shoes is the modilied upper used. In three-dimensional inch 65
worm shoe 70, has modified sneukcr upper 64!3, which uses a
hook and loop Htstcner. The design in l'IG. SG utili:t.L'S modi-
8
lied sneaker upper 64C having laces, and the shoe design of
FIG. 51 I modi !led "Mary Jane" upper 64D.
Similarly, FIG. 6 shows another design that utilizes a toe
cup and outsoles to fnrmthe three-dimensionul figure. In this
cosc, thrcc-dimensiona I linml shoe I no is shown. l n this case,
the of the li:wrd Jlgun includes mouth 58!3, eyes 50;\ I
and 60A2 (not shown) and nostrils 66A and 66B (not shown).
The various lcutures arc designed to resemble a lizard. Out-
sole 54 AI, 5613 and 54BI (nut shown) includes the body and
till' legs of the lizard. The design nfthc outsole is continuous
nom the design of the tOL' cup. Moditied Z-strap upper 64E is
ulilind in this embodiment of the Jizurd shoe. l lowevor, any
of the modified uppers, us described herein can be used. An)'
upper known in the art or developed in the future, can be
adapted to be used with the toecap and outsolcs having a three
dimensional design of the pn$1lnt invention.
FIG. 7 shnws a Jktional animal character, three-dimen-
sional trcepcr shoe 110. The animal llgurc is tl lktinnal tree
creeper. The lilce of toe cap 58C Is comprised of mouth 58C.
eyes 60:\2 and 60132 (not shown), hom 68A and 68B (not
shown). The toe cap sc1ves to protect the toes, and genemlly
is used tn lbrm the lhce of the three-dimensional figure.
Accordingly, in nn embodinwnt, the toe cup includes at least
a mouth and nnd can further include otw or more oft he
lbllowing: antlers, homs, nostrils, and arms. As in this llgure,
the toe cup further includes horns, and arms. The thrcc-di-
mcnsionul design oftlw tree is continued ulong out-
sole 54A2, 56C and 54B2 (not shown).
'l11e material of the molded shoe is prclcrably a moldto'\1
plastic, but can be made l\f ntbbcr, vinyl, thcnnoplastic malt\-
riul, thernlosetting plastic material, or uny othct' material that
can be mokkxl. The invention eun usc any molded plastic
including Ethylene Vinyl Acetate (EVA), ntbbcr. Thermo-
Plastic Rubber (rPR), Polyurctlwne (PlJ), (PolyVinyl Chlo-
ride) PVC, and combinations thereof. In an embodiment, the
shoes of the present invention are an injection molded EVA.
EVA, is a copolymer of ethylene and vinyl acetate. EVA is a
polymer that is soft and tlexihk-, and processed like a tbcr-
moplnstic. EVA and other themlOplaslic nmtcrinl nnJ com-
mercially available li'otn a number of rctailen; including
Dupont.
Injection molding is o manulltduring techniquc that us0s
materiuls such as and thl'rmosctting plastic
nwterinls. Molten is injected at high pressure into a
mold. which is inwrse oft he 's shape (e.g .. au inverse
ofthe three dimensional contuurs of the animal Jigure and the
invl'rsc of the corresponding animal imprint on tlw bottom
imprinting surlitcc). Aller un embodiment of the present
lnvcntion is designed, molds are made e.g .. !lom metal, usu-
nlly either steel or aluminum. and precision-mnchhwd to lbrm
the lentures of the shoe.
The shoe of the present invention, in an asp0ct, is tnud<: in
part or in whole 1\om u material that is recyclable. In n
preferred embodiment, the whole shoe including the strapnncl
optionally the nwans lhr sel'Uring the simp is made tiom n
recyclable matcrial.
The present invention includes method of printing animal
prints on n surlhee using the shoes or the present invention.
The method involves the user who is wearing the shoe step-
ping on a surface. The act of stepping or applying pressure to
the bottom imprinting surlhcc of the shoe crentes nn impres-
sion on the surlitce. The surlhr:e cm1 be n sol\ or spongy
surlhcc, such us soH dirt, mud, und suml. The depth of the
indcntntions (e.g., the protrmions and recesses) that llmn the
animal print on the bottom surlitce of the shoe allows nne to
makt ml impression or imprint on the surface. Tlw method
lltrtlwr includes llrst placing the shoe on the Wl'!ttW's feet.
Case 1:13-cv-11425 Document 1-3 Filed 06/13/13 Page 21 of 21
us 8.371,044 82
9
Alternat ivcly, the imprints can be made on a harder or llat
surlltce when snrlhce is coated with a print making solutions
(e.g., washable paint). In yet another embodiment, solutions
whkh rcucts only to the surface on which the user is stepping
to show color. Another embodiment is wetting the bottom
surlitce of the shoe and making priJltg on u dry surfucc such
that the print can be seen when wet.
10
dimensional animnl or chamcter ligure having one or
mon.' features at'C <t single piece lbnncd by a molded
material.
2. The shoe of daim I, wherein the sole has a bottom
surlhec that comprises a series o l'prnjcctions and recesses that
li.mn n print to thereby form un imprinting surlhcc, wherein
the figure on the outer surJace oft he toe cap relates In the print
of' the imprinting surlhce.
EXEMPIJFICATION
Example 1
:l. The shoe ofcluim 1, wherein the molded mutcrial com-
to priscs 1\thylcnc Vinyl Acetate (EVA). ntbber, ThermoPlastic
Rubber (TPR), Polyurethane (I'll), and (PolyVinyl Chloride)
PVC.
'!11e shoes shown in the FIOS. I -4 were made using EVA
injection molding techniques. A mold of each of the rmimal
shoes were precision mnchincd to lbrm the inverse of the 15
flgun..l. Molten EVA was injected at high pressure into u mold
to form the shoe. Snnps were added to the straps Jhr secmi ng
the strap to the shoe.
Example 2
The shoes shown in FIGS. 5-7 where made using the fbi-
lowing process. These shoes were made using injt'Ction mold-
ing l\.'Chniqucs. A mold of cuch of the unhnal shoes were
precisionmuchincd to Jbrmthc invcrscol'thc locc<lp, sole and 25
outsolo of the shoe shown in the FIGS. 5-7. Molten thermo
plastic was injected at high pressure into u mold to form the
shoe. The modified upper, namely, Z-strap upper. sneaker
upper having a hook and loop Jhstener, modilicd sneaker
upper having laces, ot modified "Mary Jane" upper were .1(1
attnched, as shown, to the toe cap and out soles with udhcsivc.
Snnps or. litstcncrs, where shown, were added to the straps l(u
securing the strap to the shoe.
The relevant teachings of all the references, patents and/or
pntent applications cited hcrdn are incorporated herein by 35
reference in their entirety.
4. The shoe of claim I, wherein tlw shoe further includes
slt'aJlS, hook nnd loop or laces.
5. A molded shoe, the shoe comprises:
a. n sole having an outsolc whercinthcnutsolu hus u bottom
surll1cc that comprises a series of projections and
recesses that form an animal print lbr an animal, to
thereby obtain an animal imprinting surlitce; and
b. a toe cap, wherein the toe cap and the outsolc comprise
an outer surHtce that comprises a series of projections
and recesses that lbrm n thrce-climensionnl nnimnl figure
having one or more l'cutur\.'S, whcrdn the toe cup, the
sole. tlw uutsolc, the animal imprinting surface, and
tllrl'lHiinwnsional animal having one lll' more
arc u single piece lbrmcd hv a molded material; and
c. to attach the toe cap <tlld the nutsnle;
wherein the projections and recesses oft he aninwl imprint-
ing surlaee allow one wearing tho shoe to make imprints,
and the animal f1gure on tlll' outer surll1ce of the upper
relates to the animal print of the uuinwl imprinting sur-
lilcc.
6. The mnlckd shoe of claim 5, wherein the molded mate-
rial is recyclable or made Jiom r\.'Cyck'd plastic muteriul.
7. The molded shoe of claimS, wherein tho animal imprint-
ing surlitco includes projections and recesses that l't1rm {(lot-
prints of the three-dimensional animal figure.
While this invention has been porticularly shown und
described with references to preferred embodiments
it will be understood by thosu skilled in the urt that various
ehangcs in lhrm nnd details may be nmdo therein without
departing from the scopco!'the invention encompassed by the
appended claims.
8. Tlw molded shoe of claim 7. wheroin the animal imprint-
ing surJi1ce has projections, recesses, or hoth that have a depth
40 that hctwccn ahout 2 mm to about 5 nun to thereby
obtuin an animal imprinting surl11l'e.
What is claimed is:
1. A shoe that comprises:
a. a solo that includes an outsole extending therefrom, 45
wherein the out sole has u bottom surlitcc;
h. u toe cnp, wherein the toe cup nnd the out sole comprise
9. The molded shoe of claim 5, wherein the toe cap, the
out sole or both, include a series of projections and recesses
that form nn nnimal ligure that has eyes and a mouth.
I 0. Tlw molded shoe of clnim S, wlll'rcin tho toe cap, the
outsolc or both further include a series of projections and
recesses that lbnn an nnimulligun.' tlwt has nne or morr nftho
f(Jllowing,: unimal skin pattern, li:athers, scales, nose, t\.'Cth.
grass, legs, eyes, toes, feet, curs, lltr, mouth, claws m any
an outer surlhce that comprisl.'s a series of projections
and 1'\.'Cesses that form n three-dimensional figure having
one or more wherein the toe cap, the sole, the
nutsole, and the thrcc-dimcnsionn I animal or chur:t<'ter
figure having one ot more feuturcs at'<.l u single piece
llmned by a molded matlrial; and
50 eombination thereof.
c. un tipper, 'mlapted to attach to the toe l'<tp and the outsolc
wherein tlw toe cnp, the sole, the otltsole and the three-
11. 11JC molded shoe of claim 9, wherein the projections,
recesses or both of the toe cap, outsolc or both have a depth
that ranges between about 2 mm to about 20111111.
* * * *
JS 44 (Rev. 12/12)
CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
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VIII. RELATED CASE(S)
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RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
Case 1:13-cv-11425 Document 1-4 Filed 06/13/13 Page 1 of 2
Polliwalks, Inc.
Middlesex County
Jeffrey E. Francis, Pierce Atwood LLP
100 Summer Street, Suite 2250
Boston, MA 02110 Tel: (617) 488-8136
Crocs, Inc. and
Kohl's Corporation, Inc.
35 U.S.C. Sec. 271 et seq.
Patent Infringement
06/13/2013 /s/ Jeffrey E. Francis BBO# 639944
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The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
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in this section "(see attachment)".
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.
V. Origin. Place an "X" in one of the six boxes.
Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407.
When this box is checked, do not check (5) above.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
Case 1:13-cv-11425 Document 1-4 Filed 06/13/13 Page 2 of 2
AO 120 (Rev. 08/10)
TO:
Mail Stop 8
Director of the U.S. Patent and Trademark Office
P.O. Box 1450
Alexandria, VA 22313-1450
REPORT ON THE
FILING OR DETERMINATION OF AN
ACTION REGARDING A PATENT OR
TRADEMARK
In Compliance with 35 U.S.C. 290 and/or 15 U.S.C. 1116 you are hereby advised that a court action has been
filed in the U.S. District Court on the following
G
Trademarks or
G
Patents. (
G
the patent action involves 35 U.S.C. 292.):
DOCKET NO. DATE FILED U.S. DISTRICT COURT
PLAINTIFF DEFENDANT
PATENT OR
TRADEMARK NO.
DATE OF PATENT
OR TRADEMARK
HOLDER OF PATENT OR TRADEMARK
1
2
3
4
5
In the aboveentitled case, the following patent(s)/ trademark(s) have been included:
DATE INCLUDED INCLUDED BY
G
Amendment
G
Answer
G
Cross Bill
G
Other Pleading
PATENT OR
TRADEMARK NO.
DATE OF PATENT
OR TRADEMARK
HOLDER OF PATENT OR TRADEMARK
1
2
3
4
5
In the aboveentitled case, the following decision has been rendered or judgement issued:
DECISION/J UDGEMENT
CLERK (BY) DEPUTY CLERK DATE
Copy 1Upon initiation of action, mail this copy to Director Copy 3Upon termination of action, mail this copy to Director
Copy 2Upon filing document adding patent(s), mail this copy to Director Copy 4Case file copy
Case 1:13-cv-11425 Document 1-5 Filed 06/13/13 Page 1 of 1
for the District of Massachusetts

6/13/2013 for the District of Massachusetts


Polliwalks, Inc. Crocs, Inc. and
Kohl's Corporation, Inc.
8,371,043 2/12/2013 Polliwalks, Inc.
8,371,044 2/12/2013 Polliwalks, Inc.
Print Save As... Reset
Format m/d/yyyy
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
1. Title of case (name of first party on each side only)

2. Category in which the case belongs based upon the numbered nature of suit code listed on the civil cover sheet. (See local
rule 40.1(a)(1)).
I. 410, 441, 470, 535, 830*, 891, 893, 895, R.23, REGARDLESS OF NATURE OF SUIT.
II. 110, 130, 140, 160, 190, 196, 230, 240, 290,320,362, 370, 371, 380, 430, 440, 442, 443, 445, 446, 448, 710, 720,
740, 790, 820*, 840*, 850, 870, 871.
III. 120, 150, 151, 152, 153, 195, 210, 220, 245, 310, 315, 330, 340, 345, 350, 355, 360, 365, 367, 368, 375, 385, 400,
422, 423, 450, 460, 462, 463, 465, 480, 490, 510, 530, 540, 550, 555, 625, 690, 751, 791, 861-865, 890, 896, 899,
950.
*Also complete AO 120 or AO 121. for patent, trademark or copyright cases.
3. Title and number, if any, of related cases. (See local rule 40.1(g)). If more than one prior related case has been filed in this
district please indicate the title and number of the first filed case in this court.

4. Has a prior action between the same parties and based on the same claim ever been filed in this court?
YES 9 NO 9
5. Does the complaint in this case question the constitutionality of an act of congress affecting the public interest? (See 28 USC
2403)
YES 9 NO 9
If so, is the U.S.A. or an officer, agent or employee of the U.S. a party?
YES 9 NO 9
6. Is this case required to be heard and determined by a district court of three judges pursuant to title 28 USC 2284?
YES 9 NO 9
7. Do all of the parties in this action, excluding governmental agencies of the united states and the Commonwealth of
Massachusetts ( governmental agencies ), residing in Massachusetts reside in the same division? - (See Local Rule 40.1(d)).
YES 9 NO 9
A. If yes, in which division do all of the non-governmental parties reside?
Eastern Division 9 Central Division 9 Western Division 9
B. If no, in which division do the majority of the plaintiffs or the only parties, excluding governmental agencies,
residing in Massachusetts reside?
Eastern Division 9 Central Division 9 Western Division 9
8. If filing a Notice of Removal - are there any motions pending in the state court requiring the attention of this Court? (If yes,
submit a separate sheet identifying the motions)
YES 9 NO 9
(PLEASE TYPE OR PRINT)
ATTORNEY'S NAME
ADDRESS
TELEPHONE NO.
(CategoryForm12-2011.wpd - 12/2011)
Case 1:13-cv-11425 Document 1-6 Filed 06/13/13 Page 1 of 1
Polliwalks, Inc. v. Crocs, Inc. et al.

N/A

Jeffrey E. Francis, Joseph M. Maraia


Pierce Atwood LLP, 100 Summer Street, Suite 2250, Boston, MA 02110
(617) 488-8136

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