Crocs v. CVS - Complaint

Case 9:16-cv-80964-DMM Document 1 Entered on FLSD Docket 06/10/2016 Page 1 of 12
IN THE UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA
CIVIL CASE NO.: ______________
CROCS, INC., a Delaware corporation,
Plaintiff,
v.
CVS Health Corporation, formerly known as
CVS Caremark Corporation, a Delaware
corporation; and CVS Pharmacy, Inc., a
Delaware corporation,
Defendants.
________________________________________/
PLAINTIFF CROCS, INC.S COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff Crocs, Inc. (Crocs), for its Complaint against Defendants CVS Health
Corporation and CVS Pharmacy, Inc. (collectively, CVS), states as follows:
NATURE OF THE ACTION
1.
This is an action at law and in equity for patent infringement, arising under the
Patent Act, 35 U.S.C. 1, et seq. This action represents an amendment to claims that have been
pending against CVS since 2012 in the United States District Court for the District of Colorado.
Crocs has filed this amended complaint in the present Court to address recent objections and
representations by CVS pertaining to its corporate presence in Colorado. Upon filing these
amended claims, Crocs will dismiss the pending complaint against CVS in Colorado.
2.
CVS has manufactured, used, offered for sale, sold, and/or imported molded
footwear throughout the United States that copies Crocss well-known footwear design and
infringes Crocss rights in U.S. Patent No. D 517,789 (the 789 Patent) and U.S Patent No. D
632,465S (the 465 Patent). CVSs products are not manufactured by Crocs, nor is CVS
connected or affiliated with, or authorized by, Crocs in any way. This action seeks injunctive
relief and monetary damages to remedy the harm to Crocs caused by CVSs infringement of
Crocss patent rights.
PARTIES, JURISDICTION AND VENUE
3.
Crocs is a Delaware corporation with a principal place of business at 7477 E. Dry
Creek Parkway, Niwot, Colorado 80503.

4.
On information and belief, CVS Health Corp., formerly known as CVS Caremark
Corp., is a Delaware corporation with a principal place of business at One CVS Drive,
Woonsocket, Rhode Island 02895.
5.
On information and belief, CVS Pharmacy, Inc. is a Delaware corporation with a
principal place of business at One CVS Drive, Woonsocket, Rhode Island 02895.
6.
The Court has subject matter jurisdiction over this case pursuant to 28 U.S.C.
1331 and 1338(a) and (b), because this case presents well-pleaded federal questions arising
under the Patent Act, 35 U.S.C. 1, et seq.
7.
The exercise of in personam jurisdiction over CVS comports with the laws of the
State of Florida and the constitutional requirements of due process because CVS has committed
acts of infringements in violation of 35 U.S.C. 271(a), and places infringing products into the
stream of commerce, with the knowledge or understanding that such products are sold in the
State of Florida, including this District. On information and belief, CVS has derived substantial
revenue from the sale of infringing products in this District, expects its actions to have
consequences in this District, and has derived substantial revenue from interstate and
international commerce.
-2-
8.
Venue is proper in this District pursuant to 28 U.S.C. 1391 and 28 U.S.C.
1400(b), because on information and belief, CVS transacts business within this District, has
imported into this District, and has offered for sale in this District products that infringe Crocss
patents. In addition, a substantial part of the events giving rise to the claims occurred in this
District.
GENERAL ALLEGATIONS
CROCS, INC.
9.
Crocs is a designer, manufacturer and marketer of Crocs-branded footwear for
men, women and children, which incorporate Crocss patented designs and technology.
10.
Crocs footwear is sold through a wide range of distribution channels, including
department stores, specialty footwear stores, sporting goods retailers, and outdoor retailers.
Crocs footwear is also sold through a variety of specialty channels, including gift shops,
uniform suppliers, independent bicycle dealers, specialty food retailers, and health and beauty
stores. Crocs distributes its products in over 125 countries worldwide. In addition, Crocs sells
its footwear through its websites, including but not limited to, www.crocs.com and
www.crocsrx.com, and in kiosks in shopping malls throughout the country. The Crocs brand has
become well-known for the design, manufacture and sale of distinctive molded footwear and
related products worldwide.
THE 789 PATENT
11.
On March 28, 2006, the U.S. Patent and Trademark Office duly, properly and
legally issued U.S. Patent No. D 517,789, entitled Footwear, with Crocs as the assignee. A
copy of the 789 Patent is submitted with this Complaint as Exhibit A.
-3-
12.
The 789 Patent claims an ornamental design for footwear as shown and described
in the following figures:
13.
On February 24, 2010, the United States Court of Appeals for the Federal Circuit
issued a decision confirming the 789 Patent and finding that several products, including ones
similar, if not identical, to the footwear sold by CVS, infringe the 789 Patent. The Federal
Circuits decision also acknowledges the fact that Crocs shoes, which practice the 789 patent,
enjoyed a great deal of commercial success and industry praise and that others in the industry
have been copying Crocs inventions.
-4-
THE 465 PATENT

14.
On February 15, 2011, the U.S. Patent and Trademark Office duly, properly and
legally issued U.S. Patent No. D 632,465 S, entitled Footwear, with Crocs as the assignee. A
copy of the 465 Patent is submitted with this Complaint as Exhibit B.
15.
The 465 Patent claims an ornamental design for footwear as shown and described
in the following figures:
-5-
CVSS SALES OF INFRINGING FOOTWEAR

16.
Through its retail division, CVS Pharmacy, CVS has manufactured, used, offered
for sale, sold, and/or imported molded footwear that infringes the 789 Patent, including, but not
limited to, Doggers toddler clogs (pictured below), which are distributed throughout the United
States by U.S.A. Dawgs, Inc. (Dawgs).
17.
Through its retail division, CVS Pharmacy, CVS has manufactured, used, offered
for sale, sold, and/or imported molded footwear that infringes the 465 Patent, including, but not
limited to, Fleece-Lined Doggers clogs, which are distributed throughout the United States by
Dawgs. For example, CVS Pharmacy has offered for sale Fleece-Lined Doggers clogs in its
product brochures and advertisements directed to this District.
-6-
18.
Crocs holds other patents for its footwear products, in addition to the 789 and
465 Patents, including U.S. Patent No. 6,993,858 B2, entitled Breathable Footwear Pieces.
CVSs molded footwear may also infringe these other patents.
19.
The infringing footwear products that CVS manufactures, uses, offers for sale,
sells, and/or imports throughout the United States are not manufactured by Crocs; nor has Crocs
licensed, authorized, sponsored, endorsed, or approved CVSs actions in any way; and CVS is
not associated or connected with Crocs. Crocs has never provided any authorization, license,
assignment, or other permission to CVS to use the 789 or 465 Patents.
20.
The fact that the Doggers clogs sold by CVS are obvious imitations of well-
known and successful Crocs styles, which the United States Court of Appeals for the Federal
Circuit has addressed at least as to the 789 Patent, shows that CVSs conduct is intentional and
in bad faith.
21.
To the extent CVS continues to sell, offer for sale, import, and distribute molded
footwear, including, without limitation, the Doggers clogs, that infringes the 789 Patent, and
to the extent CVS continues to sell, offer for sale, import, and distribute molded footwear,
including, without limitation, the Fleece-Lined Doggers clogs, that infringes the 465 Patent,
its infringing actions are causing irreparable harm to Crocs for which Crocs has no adequate
remedy at law.
HISTORY OF CROCSS CLAIMS AGAINST CVS
22.
On August 8, 2012, Crocs first filed its claims arising from infringement of the
789 patent against CVS in the United States District Court for the District of Colorado, in Civil
Action No. 1:12-cv-02096-PAB. On information and belief, between 2006 and 2012, CVS
owned or maintained retail pharmacy locations in Colorado, a Pharmacy Benefit Management
-7-
office in Colorado, and a CarePlus Pharmacy located in Denver, Colorado, making the exercise
of jurisdiction reasonable as of the time the lawsuit was filed. Moreover, patent infringement
claims relating to the same Dawgs-branded footwear sold by CVS were already pending against
Dawgs, its affiliated entity Double Diamond Distribution, Ltd. (DDD), and others, in Civil
Action No. 06-cv-00605-PAB-KMT (the Colorado Action). Therefore, the interest of judicial
economy was served by having claims relating to the same infringing footwear and raising a
common set of factual and legal issues pending before the same court.
23.
Shortly after Crocs brought suit against CVS in Colorado, that lawsuit was
consolidated with the Colorado Action in light of the existence of common issues of fact. Within
weeks, and prior to discovery being taken of Dawgs, DDD or CVS, the Colorado Action was
stayed at the request of Dawgs and DDD, given that Dawgs and DDD had petitioned the U.S.
Patent Office to reexamine the 858 and 789 Patents.
24.
On April 21, 2016, at the request of Dawgs and DDD, the stay in the Colorado
Action was lifted. On May 23, 2016, CVS moved to dismiss the claims against it for lack of
personal jurisdiction.
25.
In the interest of conserving judicial resources, and to prevent the need for Crocs
to maintain a separate lawsuit against CVS in a separate forum that raised similar questions of
fact and law, Crocs offered to dismiss CVS from the Colorado Action without prejudice, so long
as Dawgs, DDD and CVS stipulated that (1) all shoes sold by Dawgs or DDD to CVS during the
relevant time periods were sold to CVS within the United States; (2) Dawgs and DDD would
retain samples of each shoe sold to CVS and documents sufficient to show revenue and volume
of all sales of shoes to CVS; and (3) CVS would not rely on its status as a non-party to the
Colorado Action as a basis for objecting to discovery served on it in the Colorado action.
-8-
Counsel for CVS rejected Crocss proposal. Consequently, Crocs is amending its claims against
CVS in this forum, and will voluntarily dismiss its complaint against CVS in the Colorado
Action upon the filing of this action.
CLAIM FOR RELIEF
Infringement of the 789 Patent 35 U.S.C. 1, et seq.
26.
Crocs hereby incorporates each of the preceding paragraphs as if fully set forth
27.
CVS has manufactured, used, offered for sale, sold, and/or imported footwear
herein.
products, including, but not limited to, the Doggers clogs, that infringe the 789 Patent, in
violation of 35 U.S.C. 271(a).
28.
As a result of CVSs infringement of Crocss rights in the 789 Patent, Crocs has
suffered and, to the extent infringement is ongoing, will continue to suffer damages in an amount
to be proved at trial. In addition, Crocs is entitled to recovery of CVSs profits pursuant to 35
U.S.C. 289.
29.
CVSs infringement of the 789 Patent has been with full knowledge of the 789
Patent and Crocss rights therein. Any continued infringement with full knowledge of the 789
Patent and Crocss rights therein is willful.
30.
CVSs willful infringement of Crocss rights in the 789 Patent warrants an award
of treble damages under 35 U.S.C. 284, and makes this an exceptional case warranting an
award of Crocss reasonable attorneys fees and costs under 35 U.S.C. 285.
31.
CVSs infringement of the 789 Patent has caused irreparable harm to Crocs, and
will continue to do so unless enjoined. As a result, Crocs is entitled to injunctive relief pursuant
to 35 U.S.C. 283.
-9-
Infringement of the 465 Patent 35 U.S.C. 1, et seq.

32.
Crocs hereby incorporates each of the preceding paragraphs as if fully set forth
33.
CVS has manufactured, used, offered for sale, sold, and/or imported footwear
herein.
products, including, but not limited to, Fleece-Lined Doggers clogs, that infringe the 465
Patent, in violation of 35 U.S.C. 271(a).
34.
As a result of CVSs infringement of Crocss rights in the 465 Patent, Crocs has
suffered and, to the extent infringement is ongoing, will continue to suffer damages in an amount
to be proved at trial. In addition, Crocs is entitled to recovery of CVSs profits pursuant to 35
U.S.C. 289.
35.
On information and belief, CVSs infringement of the 465 Patent has been with
full knowledge of the 465 Patent and Crocss rights therein at least as of the filing of this
amended complaint. Any continued infringement with full knowledge of the 465 Patent and
Crocss rights therein is willful.
36.
CVSs willful infringement of Crocss rights in the 465 Patent warrants an award
of treble damages under 35 U.S.C. 284, and makes this an exceptional case warranting an
award of Crocss reasonable attorneys fees and costs under 35 U.S.C. 285.
37.
CVSs infringement of the 465 Patent has caused irreparable harm to Crocs, and
will continue to do so unless enjoined. As a result, Crocs is entitled to injunctive relief pursuant
to 35 U.S.C. 283.
PRAYER FOR RELIEF
WHEREFORE, Crocs prays for entry of judgment granting:
- 10 -
A.
A preliminary and/or permanent injunction restraining CVS, its officers, agents,
servants, employees, directors, representatives, successors-in-interest, parent corporations,

subsidiary corporations, affiliated companies, and all other persons, firms or entities acting in
concert or participating with them, directly or indirectly, who receive actual notice of this
judgment, from manufacturing, using, marketing, distributing, selling, offering to sell, and
importing any molded footwear that infringes the 789 Patent or 465 Patent;
B.
An award to Crocs of its actual damages based on its claims in an amount
according to proof;
C.
An award to Crocs of the total profits received or derived by CVS from the
manufacture, marketing, sale, offering for sale, and/or distribution of products bearing or using
any copy or colorable imitation of the 789 Patent or 465 Patent pursuant to 35 U.S.C. 289;
D.
A declaration that CVSs infringement and other wrongful acts herein alleged be
determined deliberate, willful, and in conscious disregard of Crocss rights pursuant to 35 U.S.C.
284;
E.
A declaration that this case is exceptional, and, in conjunction therewith, an award
of reasonable attorneys fees and costs pursuant to 35 U.S.C. 285;

F.
An award of treble damages against CVS pursuant to 35 U.S.C. 284 as a result
of CVSs deliberate and willful infringement in conscious disregard of Crocss rights;

G.
Compensatory damages;
H.
Pre-judgment and post-judgment interest as allowed by law; and
I.
Such other and further equitable and legal relief as this Court deems just and
proper.
- 11 -
JURY DEMAND
Crocs hereby demands a trial by jury on all issues so triable.
Dated: June 10, 2016
Respectfully Submitted,
/s/Gerald E. Greenberg
GERALD E. GREENBERG
Florida Bar No. 440094
ggreenberg@gsgpa.com
FREDDY FUNES
Florida Bar No. 87932
ffunes@gsgpa.com
GELBER SCHACHTER & GREENBERG, P.A.
1221 Brickell Avenue, Suite 2010
Miami, Florida 33131
Telephone: (305) 728-0950
Facsimile: (305) 728-0951
E-service: efilings@gsgpa.com
and
MICHAEL A. BERTA [Pro Hac Vice Pending]
Michael.berta@aporter.com
SEAN CALLAGY [Pro Hac Vice Pending]
Sean.Callagy@aporter.com
LARA PALANJIAN [Pro Hac Vice Pending]
Lara.Palanjian@aporter.com
ARNOLD & PORTER LLP
Three Embarcadero Center, Tenth Floor
San Francisco, CA 94111
Telephone: (415) 471-3277
Facsimile: (415) 471-3400
Attorneys for Crocs, Inc., Plaintiff
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Case 9:16-cv-80964-DMM Document 1-1 Entered on FLSD Docket 06/10/2016 Page 1 of 7
EXHIBIT A

USO0D517789S
(12) United States Design Patent (10) Patent N0.:

Seamans
(54)
FOOTWEAR
(75)
Inventor.
(73)
Ass1gnee: Crocs, Inc., N1Wot, CO (US)
(**)
Tenn;
*1, Mar. 28 a 2006
FOREIGN PATENT DOCUMENTS
Scott Seamans, Boulder, CO (US)
CA
2375957
9/2002
EP
0 802 039 A2
M997
EP
0 802 040 A2
10/1997
EP
0 884 005 A1
12/1998
EP
14 Years
0 802 041 A2
GB
M997
2322286
(21) Appl. No.: 29/206,427
(22) Filed:
US D517,789 S
45 Date of Patent:
8/1998
OTHER PUBLICATIONS
May 28, 2004
http://Web.archive.org/Web/19980420230857/WWW.birken
stock.com/featprof.htm (3 pages).
Related US. Application Data
Birkenstock, Spring & Summer 2003 Catalog, Birken
(63) g/lontiilgaggzin'liari?faPP1i?1ti0I1_N0~_lo/go3ig69i {11811011
Cindy MacDonald, The Entrepreneurs: theyre bilingual,
N0. 10/602,4l6, ?led on Jun. 23, 2003, and a continuation-
muglculfuml and lglemled' .Dmmce and lanfuaglilp r61:
stock Orthopudie GMbh, Germany (82 pages).

ar.
,W 10
1s a cont1nuat1on-1n-part 0 app 1cat1on
in-part ofapplication No. 10/603,126, ?led on Jun. 23, 2003.
"0 arrlers Z0 Que ecp amcs Processors a mo
ma
rs
as the province s plastics industry continues to increase its

(51)
(52)
(58)
LOC (8) C1. .................................................. .. 02-99

US. Cl. ...................................................... .. D2/969
Field of Classi?cation Search ................ .. D2/903,
D2/9l6i9l8, 919, 969, 926, 932; 36/4, 8.1,
level of exports and Welcome new companies, Canadian

mastics, ()99 V_ 57(10), pp 35250 (9 pages)
Comfortable Walking, Italian Technology, Oct. 1999, n. 3, p.
168 (abstract, 1 page).
36/10, 11.5
See application ?le for complete search history.

_
(56)
References Clted
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1,392,350 A
2,180,924 A
2,470,089 A
3,407,517 A
3,698,107
4,032,611
4,100,685
4,408,401
4,476,600
4,888,887
4,967,750
* 10/1968
A
A
A
A
A
A
A
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(Commued)
Primary ExamineriDominc Simone
(74) Attorney, Agent, or FirmiFaegre & Benson, LLP
(57)
CLAIM
The ornamental design for footwear, as shoWn and

described.
DESCRIPTION
Gessner ..................... .. 36/11.5
Fukuoka
Fukuoka
Dassler
Seidel et a1.
Seidel et a1.
Solow
Cherniak
Stein ......................... .. D2/969
Hammerschmidt
Stein
PoZZobon
Gill
Gelli
(Continued)
FIG. 1 is a front perspective vieW.

FIG. 2 is a right side vieW.
FIG. 3 is a left side vieW.
FIG. 4 is a front vieW.
FIG. 5 is a rear vieW.
FIG. 6 is a top vieW; and,

FIG. 7 is a bottom vieW.
The broken line shoWing of the sole and surface treatment of

the upper is for illustrative purpose only and forms no part
of the claim design.

1 Claim, 4 Drawing Sheets
US D517,789 S
Page 2

5,814,254
D416,667
6,052,920
D431,346
A
S
A
S
9/1998
11/1999
4/2000
10/2000
Bisconti
Lamstein
Bathum
Birkenstock
6,237,249 B1
6,237,250 B1
5/2001 Aguerre
5/2001 Aguerre
6,256,906 B1
6,416,610 B1
6,439,536 B1
7/2001 Matis et a1.

7/2002 Matis et a1.
8/2002 Piccolo
D473,040 S
D476,797 S
4/2003
Hawker et a1. ............ .. D2/932
7/2003 Schenone
D479,034 S
9/2003
TZenos ...................... .. D2/926
D479,906 S
9/2003
Hawker et a1. ............ .. D2/969
6,640,464 B1
D499,234 S
11/2003 Hsin et a1.

* 12/2004 Dal Magro et a1. ........ .. D2/916
6,860,035 B1
2002/0124434 A1
2003/0074806 A1
3/2005 Girard
9/2002 Hsin et al.
4/2003 Urie et al.
OTHER PUBLICATIONS
Defendants Response to Request for Particulars, Foam

Creations Inc. VS. Holey Soles Holdings Ltd., Ontario,
Canada Federal Court, Court File No. T*161%)5, Apr. 22,
2005, Oyen Wiggs Green & Mutala LLP (including Appen

dices AiC, 236 pages).
Injected Eva, Macplas International, Aug. 1999, n. 10, p. 90.
(abstract, 1 page).
Luisa Zargani, One Fine Year; Anton Magnanis Quirky
DryiShod Designs have Gained the Italian Designer
Respect, Recognition and a Deal with Comme Des Garcons,
Footwear News, Aug. 2, 1999, p. 102 (2 pages).

Plaintijjrs Further Request for Particulars, Foam Creations
Inc. VS. Holey Soles Holdings Ltd., Ontario, Canada Federal
Court, Court File No. Til6li05, May 12, 2005, Ridout &
Maybee (including Schedule A, 6 pages).

Plantijjrs Reply, Foam Creations Inc. VS. Holey Soles Hold
ings Ltd., Ontario, Canada Federal Court, Court File No.
T*161%)5, Ridout & Maybee (7 pages).

Plantijjrs Request for Particulars of Defence, Foam Cre
ations Inc. VS. Holey Soles Holdings Ltd., Ontario, Canada
Federal Court, Court File No. T*161%)5, May 1, 2005,
Ridout & Maybee (5 pages).

Plantijjrs Statement ofClaim, Foam Creations Inc. VS. Holey
Soles Holdings Ltd., Ontario, Canada Federal Court, I an. 28,
2005, Ridout & Maybee LLP (8 pages).

Rhoda Miel, Snowshoe Walks Away with Best Design, Plas
tic News, Apr. 22, 2002, V. 14, n. 8, p. 4 (2 pages).
The Elastomers Iimes: Engage Adds Comfort to Sporting
Defendants Statement of Defence, Foam Creations Inc. VS.
Components, Chemical Business New Base: The Elastomers
Holey Soles Holdings Ltd., Ontario, Canada Federal Court,
Times; Dec. 1, 2000 (2 pages).
Court File No. Til 61*05, Mar. 10, 2005, Oyen Wiggs Green
& Mutala LLP (9 pages).

Engage polyole?n elastomers, the critical ingredient for
Success, DuPont Dow Elastomers, Copyright 2000,
DuPont Dow Elastomers, www.dupontidow.com/engage
(12 pages).
Trade Name Record, Of?cial Gazette of the US. Patents and
Trademarks Of?ce, Mar. 24, 1998, 1208, n. 4, p. 73,
(abstract, 1 page).
waldenstorecom, Footwear Waldies, Aug. 4, 2003, http://
www.waldenstore.com/waldies.html, (1 page).
FinProject Brews an Extralight (Evasol Plastics and Fin
Walking on Modified Eva, Italian Technology, May 1999, n.
project signed a joint venture agreement to introduce a
2, p. 121, (abstract, 1 page).
range of newiblock and neti?t soles for shoes ), Footwear

News, World Week, Aug. 4, 1997, V. 53, n. 31, p. 8 (3 pages).
* cited by examiner
U.S. Patent
Mar. 28, 2006
Sheet 1 of4
US D517,789 S
U.S. Patent
Mar. 28, 2006
Sheet 2 of4
US D517,789 S
U.S. Patent
Mar. 28, 2006
FIG.4
Sheet 3 of4
US D517,789 S
U.S. Patent
Mar. 28, 2006
Sheet 4 of4
FIG]
US D517,789 S
EXHIBIT B

USO0D632465S
(12) United States Design Patent (10) Patent N0.:

del Biondi et al.
(54)
(75)
FOOTWEAR
Inventors: Stefano del Biondi, Noventa Padovana

(IT); Lucio Stefanello, Mestre (IT)
-
**
Term
14 Years
3/2008 Seamans
D564,204 S
3/2008 Seamans
13564205 5
135641207 S
3/2008 Seamans
3/2008 Seamans
D564,208 S
3/2008 Seamans
3/2008
File/d1
Anastasiadis
D564749 S
30008 Seamans
D567,48l S
4/2008 Hoyt
D567,482 s
4/2008 Hoyt
(21) Appl. No.: 29/280,317

(22)
4* *Feb. 15, 2011
D563,082 S
D564,395
(73) Asslgnee. CROCS, Inc., N1wot, CO (US)

(
US D632,465 S
(45) Date of Patent:
(Continued)
May 23, 2007

Related US. Application Data

EM
000061122-0001
(63) Continuation-in-part of application No. 29/250,892,
11/2003
(Continued)
?led on Dec. 4, 2006, now abandoned.
OTHER PUBLICATIONS
(51)
(52)
(58)
LOC (9) Cl
US. Cl. ...... .... ...... ... ........ .. D2/923; D2/896; D2/926
Field of Classi?cation Search ................ .. D2/896,
AUStra1'1311 UI1 l'11m't6 d, II1C., OldF'Ilel'l dF 00tWear, http//

I we b .are h'We.
org/web/zoosl105113654/http
oldfriendslippertconml pg)
(archived NOV, 5, 2005),
D2/902, 903, 919, 923, 925, 926, 969; 36/1,
36/83, 113, 114, 116, 4,245, 26, 87

See application ?le for complete search history.
(56)
References Cited
D392,699 S
3/1998 Caldwell
D437,822 S
D450,261
D473,040
D498,901
6,993,858
D517,788
D517,789
D517,790
D525,419
D529,263
7,146,751
D535,088
D543,341
2/2001 Gray
S
S
S
B2
S
S
S
S
S
B2
S
S
D543,681 S
11/2001
4/2003
11/2004
2/2006
3/2006
3/2006
3/2006
7/2006
10/2006
12/2006
1/2007
5/2007
*
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6/2007
Steere
Hawker et al.
Hawker et al.
Seamans
Seamans
Seamans
Seamans
Seamans
Wolf
Seamans
Seamans
Seamans
McCarthy .................. .. D2/969
6/2007 Wolf
6/2007 Wolf
*
(Commued)
Primary ExamineriDOminiC Simone
(74) Attorney, Agent, or FirmiFaegre & Benson LLP
(57)
CLAIM
The ornamental design for footwear, as shown and described.

DESCRIPTION
FIG. 1 is a front perspective view.

FIG. 2 is a front view.
FIG. 3 is a back view.
FIG. 4 is an outer side view.
FIG. 5 is an inner side view.
FIG. 6 is a top view; and,

FIG. 7 is a bottom view.
The broken line showing of the sole is for illustrative purposes

only and forms no part of the claimed design.
1/2008 Belley et al. ............... .. D2/969
2/2008 Hoyt
1 Claim, 7 Drawing Sheets
US D632,465 S
Page 2
USPTO Trademark Electronic Search System, word mark search for
Old Friend (2 pgs.).

D567,483 S
D571,547 S
D573,778 S
D575,937
D578,743
D579,182
D579,651
D584,032
D584,037
D590,588
D593,287
D599,538
D600,907
D606,290
D610,784
2004/0231189
2004/0231190
2004/0231191
2006/0048407
2007/0130797
*
*
4/2008 Liow
Response to Request for Preliminary Injunction, SMC Llithi AG v.
6/2008
7/2008
Court District V Burgdorf-Fraubrunnen Decision, CROCS INC. V.
Yang ......................... .. D2/969

Hawker ..................... .. D2/896
S
S
S
S
S
S
S
S
S
S
S
S
9/2008
10/2008
10/2008
11/2008
1/2009
1/2009
4/2009
6/2009
9/2009
9/2009
12/2009
3/2010
Klavano
Liow
Klavano
Hearn
Jarosik
del Biondi et al.
del Biondi et al.
del Biondi et al.
del Biondi et al.
Boyd et al.
del Biondi et al.
del Biondi
A1
A1
A1
A1
A1
1 1/ 2004
1 1/ 2004
1 1/ 2004
3/ 2006
6/ 2007
Seamans
Seamans
Seamans
Seamans
Seamans

EM
GB
WO
WO
000733282-0001
2322286 A
2004105531 A1
2004105534 A2
8/2007
8/1998
12/2004
12/2004
OTHER PUBLICATIONS
Australian Unlimited, Inc., Old Friend Slippers, http://webarchive.
org/web/20020725210926/http://www.oldriendslipper.com/ (2 pg.)
(archived Jul. 25, 2002).
Zappos.com, Womens
Casual,
http://web.archive.org/web/
20060127085535/www.zappos.com/n/es/d/722000351/page/4.html
(2 pgs.) (archived Jan. 27, 2006).
Zappos.com, Cozi,http://web.archive.org/web/20041014081845/
www.zappos.com/n/es/d/722004579.html (2 pgs.) (archived Oct. 14,
2004).
Ugg Australia, Womens Slipper Collection, http://web.archive.org/
web/20051024083151/www.uggaustralia.com/Products.
asp?deptiid:3&g:women&c:Slippers&sc:37&col:2 (2 pgs.)
(archived Oct. 24, 2005).
Crocs Inc., Bern, Switzerland, ?led Apr. 4, 2008 (250 pgs.).
SMCLUTHIAG, Z 08 280, Switzerland, Jul. 17, 2008 (30 pgs.)

Plantiffs Reply, CROCS INC. V. SMCLUTHIAG, Z 08 280, Swit
zerland, May 14, 2008 (50 pgs.).

Court Order, CROCS INC. V. SMC LUTHI AG, Z 08 280, Switzer
land, Feb. 27, 2008 (3 pgs.).

Reasons for the attached application for a declaration of invalidity of
the registered community design No. 000733282-00001, Wagner

Rechtsanwalte, Jul. 3, 2008.
Communication to the holder pursuant to Art. 31(1) CDIR, Of?ce for
Harmonization in the Internal Market (Trade Marks and Designs),
Jul. 11,2008.
Communication to the holder pursuant to Art. 31(1) CDIR, Of?ce for
Harmonization in the Internal Market (Trade Marks and Designs),
Aug. 6, 2008.
Klage, Crocs v. Deichmann, Handelsgericht Wien, Dec. 17, 2008
(complaint and motion for preliminary injunction).
AuBerung, Crocs v. Deichmann, Handelsgericht Wien, Jan. 7, 2009
(defense ?led by Deichmann in the preliminary proceedings).
Klagebeantwortung, Crocs v. Deichmann, Handelsgericht Wien, Jan.
21, 2009 (statement of defense ?led by Deichmann in the main
proceedings).
Rekurs, Crocs v. Deichmann, Handelsgericht Wien, Apr. 6, 2009
(appeal against the preliminary injunction lodged by Deichmann)

(including selected exhibits 3-6, 8-13, and 26).
Rekursbeantwortung, Crocs v. Deichmann, Handelsgericht Wien,
Apr. 20, 2009 (defence against Deichmanns appeal in the prelimi
nary proceedings ?led by Crocs).
Ordonnance, Crocs v. DLD Trading & Skechers Sarl, Tribunal Can
tonal, Canton de Vaud, Sep. 18, 2008 (?led by Crocs).

Requete dAppel, Crocs v. DLD Trading & Skechers Sarl, Tribunal
Cantonal, Canton de Vaud, Oct. 2, 2008 (?led by Skechers).

Crocs:
Cayman,
http://www.crocs.com/crocs-cayman/
10001,default,pd.html?q:cayman (Nov. 3, 2009) (6 pages) (depict

ing Cayman shoe on sale in the US more than one year before May 23,
2007).
Buddy by Calzuro, A New Born in the Calsuro s Family, http://www.
calzuro.it/news/php?lang:eng&id:20 (May 13, 2009) (6 pages).

* cited by examiner
US. Patent
Feb. 15, 2011
Sheet 1 017
US D632,465 S
US. Patent
Feb. 15, 2011
Sheet 2 of7
US D632,465 S
US. Patent
Feb. 15, 2011
Sheet 3 of7
F|G.3
US D632,465 S
US. Patent
Feb. 15, 2011
Sheet 4 of7
FIG.4
US D632,465 S
US. Patent
Feb. 15,2011
Sheet 5 of7
FIG.5
US D632,465 S
US. Patent
Feb. 15, 2011
Sheet 6 of7
US D632,465 S
Case 9:16-cv-80964-DMM Document 1-3 CIVIL

Entered
on FLSD
Docket 06/10/2016 Page 1 of 2
COVER
SHEET
JS 44 (Rev. 12/12) (Modified by FLSD - April 29, 2013)
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
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose
of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) NOTICE: Attorneys MUST Indicate All Re-filed Cases Below.
I. (a)
PLAINTIFFS
DEFENDANTS

(b) County of Residence of First Listed Plaintiff
CVS Health Corporation, formerly known as CVS

Caremark Corporation, a Delaware corporation;
and CVS Pharmacy, Inc., a Delaware corporation
County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES)
(IN U.S. PLAINTIFF CASES ONLY)

NOTE:
(c) Attorneys (Firm Name, Address, and Telephone Number)

Gerald E. Greenberg
1221 Brickell Avenue, Suite 2010
(d) Check County Where Action Arose:
MIAMI- DADE
MONROE
Telephone: (305) 728-0950
II. BASIS OF JURISDICTION (Place an X in One Box Only)
Attorneys (If Known)
BROWARD
Federal Question
(U.S. Government Not a Party)
U.S. Government
Defendant
Diversity
(Indicate Citizenship of Parties in Item III)
REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property
V. ORIGIN
1 Original
Proceeding
VI. RELATED/
RE-FILED CASE(S)
Citizen or Subject of a
Foreign Country
Foreign Nation
4 Reinstated or
Reopened
YES
and One Box for Defendant)

PTF DEF
Incorporated or Principal Place
4
4
of Business In This State
DEF
1
Incorporated and Principal Place

of Business In Another State
530 General
535 Death Penalty
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil Detainee
Conditions of
Confinement
a) Re-filed Case
HIGHLANDS
PRISONER PETITIONS
Habeas Corpus:
463 Alien Detainee
510 Motions to Vacate
Sentence
Other:
3 Re-filed (See
VI below)
2 Removed from
State Court
OKEECHOBEE
PERSONAL INJURY
365 Personal Injury Product Liability
367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability
(Place an X in One Box Only)
INDIAN RIVER
Citizen of Another State
(Place an X in One Box Only)

TORTS
PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Med. Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education
ST. LUCIE
(For Diversity Cases Only)

PTF
Citizen of This State
1
U.S. Government
Plaintiff
CONTRACT
110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excl. Veterans)
153 Recovery of Overpayment
of Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise
MARTIN
III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff)
IV. NATURE OF SUIT
PALM BEACH
IN LAND CONDEMNATION CASES, USE THE LOCATION OF

THE TRACT OF LAND INVOLVED.
FORFEITURE/PENALTY
625 Drug Related Seizure
of Property 21 USC 881
690 Other
BANKRUPTCY
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark
LABOR
710 Fair Labor Standards
Act
720 Labor/Mgmt. Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Empl. Ret. Inc.
Security Act
SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))
FEDERAL TAX SUITS

870 Taxes (U.S. Plaintiff
or Defendant)
871 IRSThird Party 26
USC 7609
OTHER STATUTES
375 False Claims Act
400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of State
Statutes
IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions
5 Transferred from
another district
(specify)
NO
b) Related Cases
Appeal to
District
Judge from
7 Magistrate
Judgment
6 Multidistrict
Litigation
YES
from
8 Remanded
Appellate Court
NO
(See instructions):
JUDGE
DOCKET NUMBER
Cite the U.S. Civil Statute under which you are filing and Write a Brief Statement of Cause (Do not cite jurisdictional statutes unless diversity):
VII. CAUSE OF ACTION Patent Act, 35 U.S.C. 1, et seq.

VIII. REQUESTED IN
COMPLAINT:
LENGTH OF TRIAL via
days estimated (for both sides to try entire case)

DEMAND $
CHECK IF THIS IS A CLASS ACTION

UNDER F.R.C.P. 23
CHECK YES only if demanded in complaint:

Yes
No
JURY DEMAND:
ABOVE INFORMATION IS TRUE & CORRECT TO THE BEST OF MY KNOWLEDGE

DATE
SIGNATURE OF ATTORNEY OF RECORD
June 10, 2016

FOR OFFICE USE ONLY
RECEIPT #
AMOUNT
IFP
JUDGE
Save As...
MAG JUDGE
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JS 44 Reverse (Rev. 12/12)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet
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
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.
(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the
official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the defendant is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment,
noting in this section (see attachment).
II.
Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.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; 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 clerks 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 seven 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.
Refiled (3) Attach copy of Order for Dismissal of Previous case. Also complete VI.
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.
Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judges decision.
Remanded from Appellate Court. (8) Check this box if remanded from Appellate Court.
VI.
Related/Refiled Cases. This section of the JS 44 is used to reference related pending cases or re-filed cases. Insert the docket numbers and the
corresponding judges name for such cases.
VII. 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
VIII. 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 dollar amount (in thousands of dollars) 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.
Date and Attorney Signature. Date and sign the civil cover sheet.

AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT

for the
SouthernDistrict
Districtof
of__________
Florida
__________
Plaintiff(s)
v.
Caremark Corporation, a Delaware corporation; and
CVS Pharmacy, Inc., a Delaware corporation,
Defendant(s)
)
)
)
)
)
)
)
)
)
)
)
)
Civil Action No.
SUMMONS IN A CIVIL ACTION

To: (Defendants name and address)
CVS Health Corporation, formerly known as CVS Caremark Corporation

One CVS Drive
Woonsocket, Rhode Island 02895
A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are:
Gerald Greenberg
1221 Brickell Avenue
Suite 2010
Michael A. Berta
ARNOLD & PORTER LLP
Three Embarcadero Center
Tenth Floor
San Francisco, California 94111
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)
I personally served the summons on the individual at (place)

on (date)
; or
I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)
, and mailed a copy to the individuals last known address; or
I served the summons on (name of individual)
, who is
designated by law to accept service of process on behalf of (name of organization)

on (date)
; or
I returned the summons unexecuted because
; or
Other (specify):
.
My fees are $
for travel and $
for services, for a total of $
0.00
I declare under penalty of perjury that this information is true.
Date:
Servers signature
Printed name and title
Servers address
Additional information regarding attempted service, etc:
Print
Save As...
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AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT

for the
SouthernDistrict
Districtof
of__________
Florida
__________
Plaintiff(s)
v.
Caremark Corporation, a Delaware corporation; and
CVS Pharmacy, Inc., a Delaware corporation,
Defendant(s)
)
)
)
)
)
)
)
)
)
)
)
)
Civil Action No.
SUMMONS IN A CIVIL ACTION

To: (Defendants name and address)
CVS Pharmacy, Inc.

One CVS Drive
Woonsocket, Rhode Island 02895
A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are: Gerald Greenberg
Michael A. Berta
1221 Brickell Avenue
Suite 2010
ARNOLD & PORTER LLP

Three Embarcadero Center
Tenth Floor
San Francisco, California 94111
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)
I personally served the summons on the individual at (place)

on (date)
; or
I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)
, and mailed a copy to the individuals last known address; or
I served the summons on (name of individual)
, who is
designated by law to accept service of process on behalf of (name of organization)

on (date)
; or
I returned the summons unexecuted because
; or
Other (specify):
.
My fees are $
for travel and $
for services, for a total of $
0.00
I declare under penalty of perjury that this information is true.
Date:
Servers signature
Printed name and title
Servers address
Additional information regarding attempted service, etc:
Print
Save As...
Reset

Crocs v. CVS - Complaint

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Case 9:16-cv-80964-DMM Document 1 Entered on FLSD Docket 06/10/2016 Page 1 of 12

IN THE UNITED STATES DISTRICT COURT

Case 9:16-cv-80964-DMM Document 1 Entered on FLSD Docket 06/10/2016 Page 2 of 12

Crocs is a Delaware corporation with a principal place of business at 7477 E. Dry

Creek Parkway, Niwot, Colorado 80503.

On information and belief, CVS Pharmacy, Inc. is a Delaware corporation with a

Case 9:16-cv-80964-DMM Document 1 Entered on FLSD Docket 06/10/2016 Page 3 of 12

Venue is proper in this District pursuant to 28 U.S.C. 1391 and 28 U.S.C.

Crocs is a designer, manufacturer and marketer of Crocs-branded footwear for

Crocs footwear is sold through a wide range of distribution channels, including

Case 9:16-cv-80964-DMM Document 1 Entered on FLSD Docket 06/10/2016 Page 4 of 12

in the following figures:

Case 9:16-cv-80964-DMM Document 1 Entered on FLSD Docket 06/10/2016 Page 5 of 12

THE 465 PATENT

in the following figures:

Case 9:16-cv-80964-DMM Document 1 Entered on FLSD Docket 06/10/2016 Page 6 of 12

CVSS SALES OF INFRINGING FOOTWEAR

Case 9:16-cv-80964-DMM Document 1 Entered on FLSD Docket 06/10/2016 Page 7 of 12

Case 9:16-cv-80964-DMM Document 1 Entered on FLSD Docket 06/10/2016 Page 8 of 12

Case 9:16-cv-80964-DMM Document 1 Entered on FLSD Docket 06/10/2016 Page 9 of 12

Case 9:16-cv-80964-DMM Document 1 Entered on FLSD Docket 06/10/2016 Page 10 of 12

Infringement of the 465 Patent 35 U.S.C. 1, et seq.

Case 9:16-cv-80964-DMM Document 1 Entered on FLSD Docket 06/10/2016 Page 11 of 12

A preliminary and/or permanent injunction restraining CVS, its officers, agents,

servants, employees, directors, representatives, successors-in-interest, parent corporations,

An award to Crocs of its actual damages based on its claims in an amount

A declaration that this case is exceptional, and, in conjunction therewith, an award

of reasonable attorneys fees and costs pursuant to 35 U.S.C. 285;

An award of treble damages against CVS pursuant to 35 U.S.C. 284 as a result

of CVSs deliberate and willful infringement in conscious disregard of Crocss rights;

Pre-judgment and post-judgment interest as allowed by law; and

Case 9:16-cv-80964-DMM Document 1 Entered on FLSD Docket 06/10/2016 Page 12 of 12

Dated: June 10, 2016

Case 9:16-cv-80964-DMM Document 1-1 Entered on FLSD Docket 06/10/2016 Page 1 of 7

Case 9:16-cv-80964-DMM Document 1-1 Entered on FLSD Docket 06/10/2016 Page 2 of 7

(12) United States Design Patent (10) Patent N0.:

Ass1gnee: Crocs, Inc., N1Wot, CO (US)

*1, Mar. 28 a 2006

FOREIGN PATENT DOCUMENTS

Scott Seamans, Boulder, CO (US)

(21) Appl. No.: 29/206,427

May 28, 2004

Birkenstock, Spring & Summer 2003 Catalog, Birken

(63) g/lontiilgaggzin'liari?faPP1i?1ti0I1_N0~_lo/go3ig69i {11811011

Cindy MacDonald, The Entrepreneurs: theyre bilingual,

N0. 10/602,4l6, ?led on Jun. 23, 2003, and a continuation-

muglculfuml and lglemled' .Dmmce and lanfuaglilp r61:

stock Orthopudie GMbh, Germany (82 pages).

1s a cont1nuat1on-1n-part 0 app 1cat1on

in-part ofapplication No. 10/603,126, ?led on Jun. 23, 2003.

"0 arrlers Z0 Que ecp amcs Processors a mo

as the province s plastics industry continues to increase its

LOC (8) C1. .................................................. .. 02-99

D2/9l6i9l8, 919, 969, 926, 932; 36/4, 8.1,

level of exports and Welcome new companies, Canadian

168 (abstract, 1 page).

See application ?le for complete search history.

(74) Attorney, Agent, or FirmiFaegre & Benson, LLP

The ornamental design for footwear, as shoWn and

Gessner ..................... .. 36/11.5

FIG. 1 is a front perspective vieW.

FIG. 6 is a top vieW; and,

The broken line shoWing of the sole and surface treatment of

of the claim design.