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USFC2006-1090-02
{EAOF83AB-A5 D1-46EO-9FEB-085A2AF871
50}
{70868} {32-060425
160427} {0421 06}
APPELLANT'S
BRIEF
WE T/C
06-1090
UNITED
STATES
COURT
OF APPEALS
AKEVA
FOR THE FEDERAL
CIRCUIT
L.L.C.,
Plaintiff-Appellant,
V°
ADIDAS-SALOMON
AG,
Defendant,
and
ADIDAS
AMERICA,
INC.,
Defendant-Appellee.
Appeals
From The United States District Court For The Middle
Of North Carolina, Greensboro
Division,
In Case No. 1:03-cv-01207,
Judge William L. Osteen
REPLACEMENT
OPENING
BRIEF OF PLAINTIFF-APPELLANT
AKEVA L.L.C.
Dirk D. Thomas
Robert A. Auchter
Danielle Avolio
Andr6 J. Bahou
Jason Buratti
Robins, Kaplan, Miller & Ciresi L.L.P.
1801 K Street, N.W., Suite 1200
Washington,
D.C. 20006
Tel:
(202) 775-0725
Date:
April
District
Munir R. Meghjee
Robins, Kaplan, Miller
2800 LaSalle Plaza
800 LaSalle Avenue
& Ciresl L.L.P.
Minneapolis,
MN 55402
Tel:
(612) 349-8500
Attorneys for Plaintiff-Appellant
Akeva, L.L.C.
18, 2006
"_l
i x
_d'a
o-
f,'i_, ......
_
CERTIFICATE
Counsel
for Plaintiff-Appellant
applicable;
1.
the following
The full name of every party or amicus represented
(use "None"
if
by me is:
L.L.C.
The name of the real party in interest
(if the party named
the real party in interest)
by me is:
Akeva
Q
Akeva L.L.C. certifies
use extra sheets if necessary):
Akeva
t
OF INTEREST
represented
in the caption
is not
L.L.C.
All parent corporations
and any publicly held companies that own 10 percent
or more of the stock of the party or amicus curiae represented
by me are:
None
o
The names
of all law firms and the partners
the party or amicus now represented
expected to appear in this court are:
Dirk D. Thomas
Danielle Avolio
Kaplan,
Miller
P.O. Box 2888
Greensboro,
NC
& Ciresi L.L.P.
Telephone:
(202) 775-0725
Facsimile:
(202) 223-8604
Munir R. Meghjee
Robins, Kaplan, Miller & Ciresi L.L.P.
2800 LaSalle Plaza
800 LaSalle Avenue
Tel:
by me in the trial court or agency
Tuggle, Duggins & Meschan,
228 West Market Street
1801 K Street, N.W., Suite 1200
Washington,
DC 20006
Minneapolis,
that appeared
Scott A. Schaaf
Robert A. Auchter
Jason R. Buratti
Andr6 J. Bahou
Robins,
or associates
MN 55402
(612) 349-8500
Telephone:
Facsimile:
27401
(336) 378-1431
(336) 274-6590
Patrick J. Flinn*
Demetrius
T. Lockett*
Lance Lawson*
Alston & Bird
1201 W. Peachtree Street
One Atlantic
Center
Atlanta,
30309-3424
GA
P.A.
for
or are
I Telephone:
(404)
881-7000
Facsimile:
(404)881-7777
*Representation terminated on November 8__
Dated: April 18, 2006
__
Signature of Counsel
Dirk D. Thomas
Printed Name of Counsel
TABLE
STATEMENT
OF RELATED
JURISDICTIONAL
OF CONTENTS
CASES
STATEMENT
...................................................................
v
.........................................................................
!
STATEMENT
OF THE ISSUES
.............................................................................
1
STATEMENT
OF THE CASE ................................................................................
2
STATEMENT
OF THE FACTS ..............................................................................
5
I.
THE '471 PATENT
.............................................................................
9
II.
THE '300 PATENT
...........................................................................
13
SUMMARY
OF THE ARGUMENT
ARGUMENT
.....................................................................
.........................................................................................................
I.
STANDARD
OF REVIEW
II.
THE DISTRICT
COURT
THE TERM "SECURED"
ERRONEOUSLY
CONSTRUED
IN THE '471 PATENT ..........................
A.
"Secured"
In The '471 Patent,
...............................................................
III.
Customary
Meaning
................................................
There Was No Clear Disclaimer
Of The Ordinary,
Customary Meaning Of "Secured"
.........................................
THE DISTRICT
THE TERM
A.
22
22
23
The '471 Patent's Prosecution
History Reveals Strong
Evidence That "Secured"
Is To Be Used With Its
Ordinary,
C.
22
Is Used With Its Ordinary,
Customary Meaning, And Does Not Connote Any Notion
That The Rear Heel Must Be Detachable ................................
B.
l9
COURT
"SECURED"
ERRONEOUSLY
The Claims
IN THE '300 PATENT
And Prosecution
..........................
History
33
33
Of The '300
Patent Support Use Of The Ordinary Meaning Of
The Term "Secured"
.....................................................
2.
27
CONSTRUED
The Intrinsic Evidence Supports A Construction
Of
"Secured"
Consistent With Its Ordinary Meaning ..................
1.
26
33
The Specification
Of The '300 Patent Supports
Use Of The Ordinary Meaning Of The Term
"Secured" ......................................................................
-i-
35
CONCLUSION
a.
The "All Embodiments" Language Is Not A
Disclaimer When Read In Context Of The
Entire Specification And Prosecution
History ................................................................ 36
b.
The Only Other Statement Relied Upon By
The District Court Actually Supports
Adoption Of The Plain And Ordinary
Meaning Of The Term "Secured" ...................... 39
......................................................................................................
-ii-
40
TABLE
OF AUTHORITIES
Cases
Akeva L.L.C. v. Adidas America,
385 F.Supp.2d 559 (M.D.N.C.
Inc.,
2005) ....................................................................
4
Bell Atl. Network Servs., Inc. v. Covad Communications
Group, Inc.,
262 F.3d 1258 (Fed. Cir. 2001) ...........................................................................
22
C.R. Bard, Inc. v. U.S. Surgical Corp.,
388 F.3d 858 (Fed. Cir. 2004) .............................................................................
30
Cybor Corp. v. FAS Techs., Inc.,
138 F.3d 1448 (Fed. Cir. 1998)(en
22
banc) ...........................................................
Golight, Inc. v. Wal-Mart Stores, Inc.,
355 F.3d 1327 (Fed. Cir. 2004) ...........................................................................
32
Honeywell
Inc. v. Victor Co. of Japan, Ltd.,
298 F.3d 1317 (Fed. Cir. 2002) ...........................................................................
38
Johnson Worldwide Assocs., lnc. v. Zebco Corp.,
175 F.3d 985 (Fed. Cir. 1999) .............................................................................
23
Jonsson v. Stanley Works,
903 F.2d 812 (Fed. Cir. 1990) .............................................................................
13
Karlin Tech. lnc. v. Surgical Dynamics, lnc.,
177 F.3d 968 (Fed. Cir. 1999) .............................................................................
22
Liebel-Flarsheim
Co. v. Medrad,
Inc.,
358 F.3d 898 (Fed. Cir.), cert. denied,
543 U.S. 925 (2004) ...................................................
Markman
v. Westview
25, 26, 27, 28, 29, 31, 35, 40
Instr., lnc.,
52 F.3d 967 (Fed. Cir. 1995) (en banc) ...............................................................
nCube
Corp. v. Seachange
App. No. 03-1341,
22
Int'l, Inc.,
03-1366,
2006 WL 39053
-111 =
(Fed Cir. 2005) ...........................
37
Northrop Grumman Corp. v. Intel Corp.,
325 F.3d 1346 (Fed. Cir. 2003) ...............................................................
NTP, lnc. v. Research
418 F.3d
in Motion,
1282 (Fed. Cir. 2005)
25, 26, 28
lnc.,
...............................................................
13, 23, 28
Phillips v. A WH Corp.,
415 F.3d 1303 (Fed. Cir. 2005) (en banc) .....................................................
Rambus lnc. v. lnfineon Techs. A G,
318 F.3d 1081 (Fed. Cir.), cert. denied,
540 U.S. 874 (2003) ...........................................................................
27, 40
22, 29, 35, 39
Resonate Inc. v. Alteon Websystems, Inc.,
338 F.3d 1360 (Fed. Cir. 2003) ...........................................................................
35
Sandisk Corp. v. Memorex Prods., Inc.,
415 F.3d 1278 (Fed. Cir.), cert. denied,
126 S. Ct. 829 (2005) ...........................................................................................
40
SciMed Life Sys., lnc. v. Advanced
Cardiovascular
Sys., Inc.,
242 F.3d 1337 (Fed. Cir. 2001) ...............................................................
Sunrace Roots Ent. Co., Ltd. v. SRAM Corp.,
336 F.3d 1298 (Fed. Cir. 2003) ...........................................................................
13, 37, 38
31
Statutes
28 U.S.C.
28 U.S.C.
37 C.F.R.
§ 1295(a)(1) ..............................................................................................
§§ 1331 and 1338(a) .................................................................................
§ 1.83 .......................................................................................................
37 C.F.R. § 1.83(a) ..................................................................................................
Fed. Cir. R. 28(a)(5) ..................................................................................................
-iv-
1
1
2|
19
1
STATEMENT
No other appeal
other appellate
Counsel
directly
affected
OF RELATED
in or from this action
CASES
has previously
been before
this or any
court.
is unaware
of any other case, in this or any other court, known
by this Court's
decision
in this appeal.
to be
JURISDICTIONAL
STATEMENT
The district court had jurisdiction
October
28, 2005,
judgment
the district
is final and therefore
15, 2005,
Akeva
jurisdiction
L.L.C.
court entered
Akeva
("adidas")
the same
inventor
shoes.
of the invention
below
rulings
Meschan)
patent,
clearly and unequivocally
204-232
of U.S.
("the
This
Court
has
America,
No. 6,662,471
'300 patent").
These
to improvements
define
that includes
disavowed
in all the asserted
and claims
excludes
share
of
shoes
and "a
challenges
the
of each asserted
meaning
the district
of the
court's
a "rear sole" that
109, 117, 118, 121-154,
1-32 of the '471 patent.
'471
patents
a "heel region"
challenges
claims
("the
the athletic
the plain and ordinary
this appeal
Inc.
in the design
had, in the specification
93, 94, 100-106,
of the '300 patent,
adidas
of the upper. ''_ This appeal
More specifically,
claims
Patent
in both patents
portion
that the patentee
that the term "secured"
asserted
defendant
claims
the heel region
court's
Akeva
accusing
and relate
an "upper"
district
claim term "secured."
ISSUES
claims
All of the asserted
as having
On November
of Appeal.
OF THE
No. 6,604,300
(David
rear sole secured
rulings
lawsuit
certain
and U.S. Patent
That
§ 1295(a)(1).
this
of infringing
patent")
athletic
filed
On
(A0071-72).
Fed. Cir. R. 28(a)(5).
filed its Notice
STATEMENT
1.
§§ 1331 and 1338(a).
final judgment.
appealable.
("Akeva")
under 28 U.S.C.
under 28 U.S.C.
192-194,
and
is permanently attached to the shoe "upper."
2.
This appeal also challenges the district court's summary judgment
ruling of non-infringement based on the improper claim construction.
STATEMENT
Akeva
Inc.
and
(A1012;
filed this lawsuit
adidas-Salomon,
A1014).
'471 patent,
claims
adidas-Salomon
col. 1, lines
13-14;
of those
claims
'300
and
both
A0125,
'300 patent,
the
'471
patents
and
dismissed
(Mr.
'300
patents.
from
the suit.
col. 1, lines
17-20).
(A0173,
But the
to, and do not recite,
in the specifications
"flexible"
America,
shoes.
are not directed
a so-called
'471
adidas
to athletic
of the '300 and '471 patents
-
accusing
the
improvements
that are described
improvements
in the
19, 2003,
AG was voluntarily
both describe
improvements
In fact, the asserted
inventor
of infringing
of the '300 and the '471 patents
the various
one
on December
AG
The '471 and '300 patents
OF TIlE CASE
of those patents.
are specifically
member.
Meschan)
all of
2
filed
directed
The
to
common
and separately
The '471 and '300 patents are, in part, directed to enhanced spring in the heel
region of athletic shoes.
In the '471 patent, enhanced spring is provided by a
flexible, generally U-shaped member as disclosed and claimed, and in the '300
patent by a "flexible plate." For the purposes of this brief, the enhanced spring
aspect of Mr. Meschan's
invention, when generally discussed,
is referred to as
a "flexible
embodiments
member,"
which
is
of a "flexible member"
not intended
to suggest
are not separately patentable.
-2-
that
various
obtained
patents
on the various
aspects
shoes - the "detachable/positionable
adidas
denied
infringement
of another
3
and
the
asserted
As to the
'300
patent,
Mr. Meschan
had
and
unequivocally
meaning
of the
A0020-25).
The
disclaimed
fixedly
any
attaching
the remainder
"a rear
district
meaning
court
member
'300 patent,
this statement
"permanently"
Throughout
erroneously
to have
this
court construed
or permanently
fastened,
a meaning
brief
Akeva
that
includes
specification
court
different
discuses
found
and
the
(A0015;
inventor
from
the
its ordinary
"flexible
and
as a "rear sole")
to
to mean
fixed
indicates
in
that
rear soles as well."
its claim construction
effectively
had
permanently
expressly
attached
that
ordinary
but not permanently
To reconcile
the district
invalid.
the term "secured"
"be used with permanently
patent,
are
erroneously
to in the claims
The district
col. 10, lines 14-16).
in the '300
that
patents
or "attached."
concluded
"secured"
to athletic
the plain
i.e. "fastened"
that the '300 patent
could
court
disclaimed
the heel of the shoe (referred
selectively
that
the district
"secured,"
of the term
notwithstanding
the flexible
(A0129,
term
of the shoe.
sole
position"
claim
improvement
rear sole" invention.
(A1019-28).
clearly
major
with
construed
the term
usage,
i.e. "not
member"
and
"detachable/positionable"
rear sole inventions
in the '471 and '300 patents.
Both patents disclose additional
inventions,
e.g. a novel arch bridge, and this
brief, in no way, limits the '471 and '300 patents to these two inventions.
-3-
permanently fixed in position"
configured
to be positionable
In the '471
limited
patent,
(which
claimed
claims
Patent
"detachably
No. 5,806,210
Moreover,
be used with or without
court
rear
'210
in "all possible
thereto.
(A0179,
Based
summary
on the district
not
'210
"features"
'471 patent,
of the improved
and with
the
in the
in its grandparent
(A0178,
of
court's
claim
inventor
'471
patent
patent,
patent
U.S.
claims
1,
rear sole "can
col. 12, lines 63athletic
"modifications
non-infi-ingement
construction,
since
have rear soles that are permanently
28, 2005.
Akeva
-
states that the detachable
plate,"
combinations"
rest of the shoe. 4 The district
October
soles
that
to be
shoe can
and variations"
col. 13, lines 1-4).
judgment
infringement
rear
(A0786-A0824,
the '471 patent
65), and it also states that the various
be used
somehow
the term "secured"
notwithstanding
- but instead
patent").
the flexible
interpreted
sole
secured"
invention)
("the
but
being detachable.
secured"
a different
26, 27 and 36).
without
the district
to a "detachably
specifically
relative to the rest of the shoe,
court entered
(A0071-72).
filed with the district
district
Akeva
The
court
Adidas America,
Inc., 385 F.Supp.2d
of
fixed
timely appealed
-4-
accused
relative
on November
15, 2005.
2005).
Akeva
of
of
to the
its claim construction
its rulings.
559 (M.D.N.C.
shoes
entry
of non-infringement
to reconsider
did not alter
the
accepted
in position
final judgment
court a motion
determination.
all
Akeva
L.L.C.v.
on
STATEMENT
OF TIlE FACTS
The '471 and the '300 patents disclose inventions in the same field (athletic
shoes) but are part of different
patent families.
The '471 patent issued on
December 16, 2003, from an application filed on October 18, 1999. (A0141, '471
patent face page).
The '471 patent
issued
5,970,628
("the
'628 patent"),
which
5,806,210
("the '210 patent").
(Id.).
The '300
December
4, 2001.
continuation
While
s
of U.S. Patent
No.
from a continuation
of U.S. Patent
No.
issued
on August
12, 2003,
'300 patent
face page).
No. 6,324,772
("the
from an application
The '300 patent
'772 patent").
filed on
issued
5 (A0095,
from a
"Related
Data").
history,
and
'471
they do have
sole,"
court's
unequivocal
(A0095,
the '300
how the "rear
district
issued
of U.S. Patent
U.S. Application
prosecution
patent
from a continuation
claim
disclaimer
patents
do not share
in common
i.e. the heel portion,
construction
of claim
scope
the claim
is attached
found
the same
'471
term "secured"
and
had made
'300
patents
or
to define
to the rest of the shoe.
that the inventor
in the
specification
a clear
based
The
and
on
The parent '772 patent issued from a continuation
of U.S. Patent No. 6,195,916
("the '916 patent").
(A0095).
The '916 patent issued from a continuation
of
U.S. Patent
No. 6,050,002
("the
'002 patent"),
which
issued
from a
continuation
of U.S. Patent
No. 5,918,384
("the
'384 patent").
(A0095).
The
'384 patent issued as a continuation-in-part
of U.S. Patent No. 5,560,126 ("the
'126 patent"),
(A0698-0727),
which issued as a continuation-in-part
of U.S.
Patent No. 5,615,497 ("the '497 patent").
(A0095, A5521-33).
-5-
equivocal
language
in
the
claimed
in those
patents.
pertinent
intrinsic
evidence.
In both
prior
The district
of these
art athletic
specification
patent
unrelated
court
families,
shoes by providing
also
to
the
failed
the inventor,
particular
to properly
David
apply
Meschan,
them with (1) a midsole
improved
that provided
better
and spring,
and (2) an extended
(A0125-26,
'300 patent
at col. 1, lines
17-20, col. 4, lines
52-66;
col. 1, lines 26-47,
col. 7, lines 47-53,
col. 11, lines 3-10 and
'471 patent,
49-54).
Mr. Meschan's
distinct
accomplished
these
novel
members
life of the shoe.
A0173;
two goals
A0176;
in at least two
ways.
First,
Mr. Meschan
under the user's
30-33;
A0178,
flexible
heel.
(A0126,
in the
col. 1, lines 44-52,
removable
Mr.
patent
col. 3, lines 38-39;
reduces
compression
Meschan
or repositionable
21-31).
'300 patent,
that act like a spring
In addition
the common
in the heel region.
A0128,
to enhancing
problem
col. 8, lines
spring,
of wear
(A0125-26,
the
in
'300 patent,
col. 3, lines 38-42).
not compromise
col. 2, lines
flexible
col. 11, lines 6-8).
'300
due to repeated
Second,
invented
'471 patent,
member
midsoles
would
inventions
versatile
other
cushioning
A0178,
and more
invention
invented
heel to the remainder
the cushioning
Athletic
a novel
shoes
mounting
of the athletic
effect of the midsole.
often
-6-
member
to attach
shoe so that it
(A0173,
wear disproportionately
a
'471 patent,
on the outside
edge of the outsole in the heel region.
(A0125, '300 patent, col. 1, lines 32-42;
A0173, '471 patent, col. 1, lines 26-39).
Several prior
(A0173,
art patents described detachable or rotatable rear soles.
'471 patent, col. 2, lines 4-31; A5358; A5464; A5469;
Applicant's
A5471-72,
Appeal Brief filed with Board of Patent Appeals in U.S. Application
No. 108,065, the earliest ancestor of the '300 patent). But these prior art patents
attached the rear sole to the shoe in a way that significantly reduced the cushioning
effect of the midsole and could potentially injure the user's foot.
patent, col. 2, lines 21-31; A5464; A5469; A5471-72).
(A0173, '471
Mr. Meschan's concept for
mounting the detachable/positionable heel to the rest of the shoe significantly
reduced this concern. (Id.).
These
separate
"detachable/positionable
interrelated.
flexible
inventions
(the
rear
are distinct
sole")
region
patent,
member"
and are not
and
the
necessarily
Indeed, the '300 patent specification specifically states that "It]he
also need not be used only
sole, but also can be used with permanently
'300
"flexible
col.
10, lines
14-16)
that the invention
features
shown
different
variations
....
the
" (A0179,
attached
(emphasis
states that "it is intended
in
in conjunction
'471 patent,
embodiments
col. 13, lines
-7-
rear soles as well."
added).
cover
with a detachable
Similarly,
all possible
as well
1-4).
rear
(A0129,
the '471
combinations
as modifications
patent
of the
and
Significantly,
neither the '471 patent nor the '300 patent claims any aspect
of the detachable rear sole invention.
Moreover, the '300 patent does not illustrate
any embodiment of the invention where the rear sole is "permanently fastened [to
rest of the shoe], but not permanently fixed in position," although the district court
defined the claims to have such a structure. (A0025).
In other words, the district
court's interpretation of the term "secured" in the '300 patent defines a structure
that the inventor never illustrated in his patent.
The detachable/positionable
separately
family.
claimed
The
originated)
by other patents
'210
patent
has claims
rear sole support."
patent,
patent
claims
secured"
fitting
that require
patent
'210 patent
family
from
claims
and the '471 patent
which
the
in place
originated,
by a "band."
'126 patent
claims
"selective
19).
-8-
family
'471
secured
1, 26, 27 and 36).
in the '300 patent
19 and 40), and a rear sole that allows
claim
patent
the '300 patent
and held
Other patents
rear sole, (A0726-27,
(the
on the other hand, is
the rear sole to be "detachably
from which
in a recess
1-15).
in the '300 patent
for example
(A0823-24,
the original
a rear sole
rear sole invention,
claims
patent
to the
The '497
shoes with
(A0860-61,
claim
'497
a "detachably
10 and 33, see also claims
rotation,"
(A0726,
'126
14,
patent
I.
TI-IE
'471
Each
of the asserted
"a shoe
'471
be
PATENT
comprising..,
patent,
col.
limited
to
claims
a rear
13, lines
a rear
of the
sole secured
7-9).
sole
'471
The
below
district
"detachably
patent
requires,
a portion
court
among
things,
of the upper."
construed
secured"
other
below
the term
a portion
(A0179,
"secured"
of
the
to
upper.
(A0028).
The
district
disclaimer
despite
of athletic
the fact
be used
The
detachability
unrelated
that
that
the patent
from
'471
to the
court
patent,
rear
sole
but
of the five
had made
a clear
do not include
a detachable
rear
claims
life
i.e.
invention
(A0823-24,
independent
col.
the
'210
claims
claims
of the
-9-
have
provided
include
related
patent
that
provided
is specifically
in
patent,
'210
sole,
11, lines
nothing
by
its
the
analysis
intentionally
patent,
(A0027-28),
that
detachable
flexible
patent
use
13,
with
the
member
is
sole.
fact
shares
the words
The
that
claimed
the
1, 26, 27 and 36; A0061-62).
'210
heel
col.
rear
not
which
3-54,
the
could
rear
to do
by a detachable
in
and
and unequivocal
members"
'471
the spring
and
"flexible
of the
features
of the shoe
recognize
novel
embodiments
(A0178-79,
sole,
instead
discloses
particular
patent
to
the inventor
also
the
longer
failed
specification.
four
shoes
of the rear
detachable
'471
found
in the specification.
1-4).
district
that
separately
described
lines
court
the
in the
same
In fact,
"detachably
secured"
to describe
word "secured"
how the rear sole is attached
is used in the claims
The improvements
patent
include
patent.
flexible
member.
specifically
claims
shoes discussed
components,
The first component,
which
Claim
m the specification
only one of which
is specifically
1, the
a particular
Conversely,
only the
of the '471 patent.
to athletic
two major
to the shoe.
only
claimed
independent
embodiment
of the '471
is claimed
in the
in the '471 patent,
claim
of the "flexible
of the
'471
'471
is the
patent,
member:"
A shoe comprising:
an upper, and
a rear sole secured below a portion of the upper, the rear sole
comprising:
a member having a top wall with a lower surface ... the
member
having a bottom wall ... [with] the forward
regions of the top and bottom walls being connected at
a closed end by a curved
(A0179,
'471 patent,
The balance
flexible
member
designed
lines
stored
3-54).
aspect
1 and
of Mr.
member
all of the 31 dependent
Meschan's
to address
As the specification
Claim
(A0179,
invention
in detail.
discuss
Mr.
the
Meschan
of "spring."
(A0178,
col. 11,
"[s]ince
the material
is elastic,
energy
deflection
will spring
to their original
position
as weight
2 specifically
claims
the
'471 patent,
claims
the issue
states,
in bend 305 and wall 304 during
304 back
6
col. 13, lines 7-28). 6
of claim
his flexible
wall; ...
flexible
col. 13, line 53).
-10-
is shifted,
member's
thereby
bend 305 and wall
providing
"recumbent
a spring
U-shape."
effect
the
to the user's
'471
patent
member
claimed
heel."
(A0178,
(reproduced
'471 patent
below)
col. 11, lines 50-54).
illustrates
an embodiment
Figure
of the
25 of
flexible
in that patent.
5OO
L,' ,¢Z,F
_, /o£
--/i/
.....
A.,,3
i
FIG. 25
A
second
Mr. Meschan
- a detachable
but is not claimed
clear
present
(A0178,
different
grandparent
improved
cover
athletic
rear sole - is discussed
(A0179-80).
"can
all possible
of Mr. Meschan's
of the '471 patent,
improved
'471
the '210 patent.
-11-
or without
makes
the flexible
and that "it is intended
patent,
col.
(A0823-24,
that the
shown
13, lines
shoe is instead
by
specification
specification
of the features
athletic
conceived
in the '471 patent
be used with
combinations
(A0178-79,
shoe
The '471 patent
col. 12, lines 63-65),
embodiments,..."
aspect
the
of the invention
'471 patent,
invention
of
in that patent.
that this aspect
plate,"
second
component
1-4).
claimed
'210 patent,
in the
This
in the
claims
1,
26, 27 and 36). Specifically, independent claims 1, 26, and 27 of the '210 patent
recite "a rear sole detachably secured to the rear sole support." (A0823).
The prosecution history of the '471 patent reveals that the claims of the
patent switch focus to a particular embodiment of a "flexible
member
formed
limitations
from
connected
that require
rotatable,
rear
or moveable
44).
patent
(A4339,
Eventually,
walls
claims
relative
Mr. Meschan
connected
substantive
Meschan
never
to the rear
'471 patent
cancelled
them with claims
secured"
amendment
distinguished
The
"detachably
claims
or rejection.
of the grandparent
secured"
rear
sole.
to a flexible
(A4496-99,
the claims
support
claims
'210
The claims
-12-
a plurality
claims
member
and the Examiner
(A4736-42;
rear sole, or a
of
1, 28, 34, 41 and
A4706-12).
of the '471 patent
attaches
specifically
among
all of the original
limitation,
on how the heel (i.e. the "rear sole")
sole
application
engageable"
application
directed
at one end.
had a "detachably
without
any
in any type of detachable,
of the '471 patent
rear sole, a "rotatably
A4414-20,
and replaced
bottom
filed claims
secured"
"positionable
positions."
and do not include
manner.
a "detachably
sole
walls,
the heel of the shoe to be secured
All of the originally
recited
top and bottom
member," i.e. a
of the '471
having
top and
None
of the new
allowed
the claims
A4749-52).
Thus,
Mr.
over the prior art based
to the rest of the shoe.
patent,
on the
other
of the grandparent
hand,
'210
recite
patent
a
are
relevant to how the inventor defined the various ways of attaching
rest of the shoe.
NTP, lnc. v. Research
Cir. 2005); Jonsson
II.
TIlE
v. Stanley
in Motion,
the heel to the
lnc., 418 F.3d 1282,
1293 (Fed.
Works, 903 F.2d 812, 818 (Fed. Cir. 1990).
'300 PATENT
The '300 patent,
like the '471 patent,
claims
"a shoe comprising..,
a rear
sole secured below the heel region of the upper;..."
(A0134,
lines 29-31,
again found that the inventor
see, e.g. claim
93). 7 The district court
had made a clear and unequivocal
plain and ordinary meaning
rear
sole
selectively
position"
decision
1337,
1343-44
specification
rotatable
that
heel.
However,
being
or permanently
selectively
fastened,
(A0025).
"all
Cir.
2001),
focused
embodiments"
to rule that the term required
"a
but
in
The district
Life Sys., lnc. v. Advanced
(Fed.
of claim scope and departed from the
of the term "secured"
to the shoe upper.
in SciMed
disclaimer
'300 patent, col. 20,
not
court,
permanently
relying
Cardiovascular
primarily
on this Court's
Sys., lnc.,
on a statement
of the invention
fixed
included
242 F.3d
in the patent
a detachable
or
(A0021-23).
the asserted
positionable
claims
of the '300 patent
or detachable.
That
do not define
aspect
of the
Solely for purposes of this appeal, claim 93 of the '300 patent
of all the asserted independent
claims in that patent.
-13-
the heel as
invention
is representative
is
separately claimed in other patents in the '300 patent family.
(A0726, '126 patent
claims 10, 14, 19, 33 and 40).
The Abstract and Summary of the Invention of the '300 patent describe the
"flexible
member" aspect of Mr. Meschan's invention and do not discuss
detachability
focuses
features
of the rear sole.
on the flexible-member
(A0095;
A0125).
aspect when it describes
The Abstract
any
singularly
a shoe that:
... has an upper, a foot support region positioned
below
at least a portion of the upper to support the bottom of a
user's foot, a sole secured below the foot support region,
and a flexible member positioned below at least a portion
of the foot support region and above at least a portion of
the sole.
The flexible
member
has a top surface,
a
bottom
surface, a peripheral
portion,
and an interior
portion.
The interior portion of the flexible
member
deflects in use in a direction substantially
perpendicular
to a major longitudinal
axis of the shoe.
At least a
portion
of the peripheral
portion
is restrained
from
movement
relative to the interior portion in a direction
substantially
perpendicular
to the major longitudinal
axis
of the shoe.
(A0095)
(emphasis
added).
The specification
the flexible
member
of the '300 patent
in detail,
explaining
that a flexible
the user walks
and will act as a trampoline
compression.
(A0128,
the Invention"
positioned
section
below
the
'300 patent,
is devoted
user's
heel.
also describes
to thereby
(A0125,
-14-
sole
'300
embodiments
of
plate will flex and spring as
substantially
col. 8, lines 30-34).
to a rear
certain
reduce
The entire
that includes
patent,
col.
midsole
"Summary
of
a flexible
region
2, lines
15-56).
Various
patent
embodiments
(exemplars
of the flexible
reproduced
plate
below).
are shown
(A0101;
in separate
A0107;
Figures
in the
A0114).
_6
r'
FIG. 4
Perhaps
most
Mr. Meschan's
rear
soles
significantly,
intent to incorporate
by stating
conjunction
that
attached
rear soles
added).
Additionally,
the
as well."
rear sole,
(A0129,
the specification
'300 patent,
sole
and,
invention
as to that
includes
to the rear sole support
specification
shows
plate with conventional
need
not be used
only
in
col. 10, lines
clear that "the
embodiments
14-16) (emphasis
flexible
region
[than those disclosed]
may
as
col. 12, lines 66-67).
specification
particular
mechanical
10
but can also be used with permanently
makes
well."
patent
also
'300 patent,
into other rear sole support
'300
patent
region
be incorporated
The
'300
the use of the flexible
"It]he flexible
with a detachable
(A0130,
FIG.
FIG. 17
also discloses
invention,
means
states
that
for selectively
and upper of the shoe."
-15-
a detachable/positionable
in "all
locking
(A0128,
embodiments,
rear
the
the rear sole relative
'300 patent,
col. 7, lines
17-19). But discussion on these two aspects of the invention (the flexible member
and the detachable/positionable
rear sole) are discussed separately from one
another in the '300 patent specification.
(Compare A0125-26 and A0128-30, '300
patent, col. 2, lines 27-51, col. 3, lines 39-42, col. 7, line 45 - col. 8, line 34, col. 9,
line 15 - col. 12, line 65 (flexible plate) with A0126-0128,
43 - col. 7, line 44, col. 8, line 35 - col. 9, line
sole)).
Indeed,
the first preferred
on a shoe having
a flexible
45, col. 8, line 34).
plate.
(A0128,
Not
detachable
example,
one
preferred
rear sole, which
'300 patent,
in the '300 patent
(A0128,
embodiment,
rear
'300 patent,
in contrast,
focuses
col. 7, line
focuses
may or may not be used with a flexible
claims
of the '300
positionable
rear
sole.
patent
specifically
Representative
recites
claim
93,
claims:
[a] shoe comprising:
an upper having
a heel region;
a rear sole secured below the heel region of the upper; and
a flexible plate ... [where the] peripheral
portions of the plate
[are] being restrained
from movement
relative to an interior
portion of the plate in a direction substantially
perpendicular
to a major axis of the shoe so that the interior portion of the
plate is capable of being deflected relative to the peripheral
portions ..."
(A0134,
'300 patent,
on a
col. 8, lines 35-41).
of the asserted
or selectively
col. 4, line
14 (detachable/positionable
disclosed
plate in the rear sole.
The second
shoe with a detachable
embodiment
'300 patent,
col. 20, lines 32-40).
-16-
a
for
The detachable and selectively positionable rear sole aspect of the invention,
on the other hand, is only claimed in other patents in the chain from which the '300
patent arises. (See, e.g., A0725-27,
Meschan
filed his original
application,
17, 1993,
and, as explained
described
athletic
rotatable
of the claims
patent
shoes
to a plurality
'126 patent
which
claims
issued
in the Summary
that have
of positions.
of this patent
address
as the '497 patent,
of the Invention
a "detachably
(A0856,
10, 14, 19, 33 and 40).
secured"
'497 patent,
a shoe with these
on August
of that patent,
rear
Mr.
he
sole that is also
col. 2, lines 35-45).
features.
All
(A0860-61,
'497
claims).
In subsequent
drastically
focused
changed.
on another
member.
patents
in this
Instead
of focusing
aspect
Over the course
large
blocks
the
Summary
member.
(A0095-0140,
42, col. 6, lines 33-45,
1, col.
13,
specification
lines
relating
of the claimed
- certain
rear sole,
embodiments
of the next two continuation-in-part
as the '126 and '384 patents,
changed
the focus
on the detachable
of the invention
issued
of text
family,
into
the
(A0698-727),
specification
of the Invention
'300 patent,
so that
on
of the flexible
which
added figures
flexible
it discussed
figs. 1-26, col. 2, lines
the claims
applications,
Mr. Meschan
focused
invention
members
only
the
and
and
flexible
16-60, col. 3, lines 33-
col. 7, line 45 - col. 8, line 34, col. 9, line 10 - col. 13, line
26-48).
Mr. Meschan
to the moveable
also
rear sole.
-17-
removed
large
(See A0850-60,
portions
'497 patent,
of the
figs.
1-12, col. 2, line 35 - col. 3, line 8, col. 3, lines 52-55, col. 5, line 3 - col. 6, line 44,
col. 7, line 30 - col. 9, line 39). The '300 patent
description with the '384 patent. (A95,
shares
'300 patent
a nearly
cover;
identical
A0125,
written
col. 1, lines
3-
10).
'300
While
Mr. Meschan
patent,
it was
selectively
which
claims
recite
reciting
only
positionable
independent
a "rear
and an independent
allowing
in related
rear
sole secured
claim directed
selective
claim
either
implicitly
sole unless
None
district
rotation
plate
patents
that he claimed
In the
'126
patent,
plate, (A0725-26,
below
Mr.
'126 patent
the heel region...";
'126 patent
to a "selectively
claims
positionable"
of the rear sole relative
invention
in the
the detachable
and
Meschan
included
claims
1 and 25),
dependent
claims
10, 14, 33, and 40);
rear sole, reciting
... the member
to the member
..."
...
(A0726,
19).
that claims
recited
of the figures
interpretation
in the '300 patent
directed
or explicitly
expressly
court's
the flexible
the rear sole with the heel support,
Thus, the other patents
did not intend
claimed
rear sole, (A0726-27,
interconnecting
' 126 patent
sole.
to the flexible
a detachable
a "member
separately
family
to the flexible-plate
required
a detachable
establish
that Mr. Meschan
invention
in the '300 patent
or selectively
positionable
rear
in the claims.
in the '300 patent
illustrate
of the term "secured."
-18-
any structure
Specifically,
that meets
the district
the
court
defined
the term "secured"
not permanently
fixed in position"
But the '300 patent
meets
drawings
this definition.
regulations
which
that
states
feature
govern
that "[t]he
the prosecution
history
for failing
a rear sole that is "permanently
relative
the district
patent
specified
in the claims."
of the '300 patent
secured
the same term in the '300
court
but not permanently
reached
inventor
this
did the Examiner
of 37 C.F.R.
had clearly
"secured"
a portion
the
§ 1.83(a),
must show every
§ 1.83(a).
Nowhere
in
ever reject the pending
§ 1.83(a).
to mean
in the '471 patent
of the upper,"
in position."
claim
construction
and unequivocally
disclaimed
to mean "a
and erred in construing
"a rear sole selectively
fixed
erroneous
37 C.F.R.
application
37 C.F.R.
violates
that
OF TI-IE ARGUMENT
below
patent
interpretation
but
(A0025).
of the invention
- specifically,
in a nonprovisional
court erred in construing
rear sole detachably
claim
drawing
SUMMARY
fastened,
court's
fastened,
of the shoe.
any embodiment
applications
to meet the requirement
The district
to the remainder
do not show
8 Thus,
of the invention
claims
to mean
(A0028;
A0025).
by incorrectly
any broader
or permanently
The district
finding
that
the
scope for that claim
term.
The specification
provides
a passing
statement
that "the rear sole may not be
removable
but only rotatably positionable."
(A0128, '300 patent, col. 7, lines
43-44) (emphasis
added).
However,
the '300 patent does not describe
or
illustrate any structure that embodies such a feature.
-19-
In the best case for adidas, the intrinsic record for the '300 and '471 patents
each includes inconsistent statements regarding whether the flexible-member
detachable-rear-sole aspects of Mr.
Meschan's
inventions
and
can only be used
together or may be used separately. Such inconsistent statements do not rise to the
level of a clear and unequivocal surrender of claim scope, particularly where the
intrinsic record contains compelling evidence that the inventor never intended to
make such a disclaimer.
For example, notwithstanding
the "all embodiments" statement in the '300
patent, the entire focus of the "Abstract"
and the "Summary of the Invention"
sections of the '300 patent is directed solely to the flexible plate. (A0095; A0125,
'300 patent, col. 2, lines 15-60).
Second, the '300 patent discusses the various
aspects of Mr. Meschan's improvements to athletic shoes in separate sections, and
it instructs a person of ordinary skill in the art that they may or may not combine
the flexible
plate with a permanently
col. 10, lines
the
plain
14-16, col. 12, lines 66-67).
and
"detachabl[e]"
ordinary
meaning
rear sole, (A0726-27,
14, 19 and 40), or a "detachably
(A0726,
intended.
attached
'126 patent
Fourth,
claim
the patent
of
19), where
Examiner
Third,
claims
by
did not interpret
patent
separately
'300 patent,
claims
used
claiming
10 and 33, see also claims
rear sole "allowing
such modifiers
-20-
(A0129-30,
the ancestor
"secured"
'126 patent
secure[d]"
rear sole.
selective
rotation,"
of the term "secured"
"secured"
were
as incorporating
a
the additional limitations found by the district court as evidenced by her statements
in the Notice of Allowability,
(A4268-71), which distinguished the allowed claims
over U.S. Patent No. 5,185,943 to Tong,
movable
rear sole.
require
a
selectively
differentiate
district
if the Examiner
positionable
the allowed
court's
such
claims
in the patent.
structure,
to show such structure,
Examiner
never required
understood
'471
and
another.
(A0178-79,
'210
portion,
patent.
present
col.
invention"
have
she states.
that
to
Finally,
the
to the figures
§ 1.83.
amend
to
the
The fact that the
shows that the district
with how the applicant
in any
the claims
the applicant
by 37 C.F.R.
to
needed
that is not illustrated
had understood
required
concepts
12, line 60 - col.
member
while a removable
However,
Office
the specification
to a flexible
not
claims
a
court's
and the Patent
Office
matter.
detachable-rear-sole
are directed
a curved
subject
would
a structure
as required
such a change
patent,
member
patent
have
she
does not include
the '300 patent
for the reasons
defines
does not comport
the claimed
In the
from Tong
would
drawings
claim construction
sole,
If the Patent
they
Tong
had interpreted
rear
claim interpretation
of the figures
define
Thus,
(A0668-86).
having
states
can
that
Mr.
be used
13, line 4).
notwithstanding
The claims
-21-
of one
of the '471
walls connected
claimed
that the '471 patent
to refer to a shoe with a detachable
flexible-
independently
top and bottom
rear sole is separately
Meschan's
by
in the ancestral
uses the phrase
heel, the inventor's
"the
use of
that term would be understood by those of skill in the art to refer to the preferred
embodiment, and not to be a disclaimer of the separate utility
member.
See Karlin
(Fed.
Cir.
1999); Rambus
Cir.)
(finding
though
Tech.,
v. Surgical
lnc. v. Infineon
no disclaimer
the specification
included
Inc.
requiring
contained
it), cert. denied,
Dynamics,
Techs.
177 F.3d
AG, 318 F.3d
the claimed
clear
lnc.,
"bus"
language
that
of the flexible
1081,
968,
973
1095 (Fed.
be multiplexed,
"the
present
even
invention"
540 U.S. 874 (2003).
ARGUMENT
I.
STANDARD
A district
reviewed
OF REVIEW
court's
claim
construction
de novo on appeal.
1456 (Fed.
Cir.
Cybor
1998) (en banc);
findings
Corp.
Marlcman
v. FAS
A grant of summary
novo.
Inc.
F.3d 1258,
II.
Instr.,
judgment
Communications
COURT
ERRONEOUSLY
IN THE '471 PATENT
1 of the '471 patent
sole secured
v. Covad
Inc.,
of law and are
138 F.3d
Inc.,
1448,
52 F.3d 967,
is also reviewed
Group,
Inc.,
de
262
(Fed. Cir. 2001).
THE
DISTRICT
TERM "SECURED"
Claim
a "rear
1266-67
Servs.,
Techs.,
v. Westview
978 (Fed. Cir. 1995) (en banc).
Bell Atl. Network
are a question
below..,
(the only independent
the upper"
of the shoe.
-22-
CONSTRUED
claim of that patent)
(A0179).
The district
THE
recites
court
construed this claim term as being limited to "a rear sole detachably secured below
a portion of the upper." (A0028).
Nothing in the language of claims 1-32 of the '471 patent is directed to
detachable rear soles. (A0025-26).
Although the '471 patent specification does
discuss detachable rear soles, neither the specification nor the prosecution history,
viewed
in
context,
support
the district
court's
finding
that the inventor
unequivocally disavowed an embodiment of his invention that included rear soles
that were permanently attached to the rest of the shoe.
In essence, the district court limited the scope of the '471 claims based on, at
best, equivocal statements in the patent specification at odds with the remainder of
the intrinsic evidence.
This is clear error.
limitations
cannot
read
expressions
of manifest
be
into
exclusion
claims
NTP,
unless
or restriction,
418 F.3d
the
at 1308-09
patentee
representing
uses
(stating
"words
or
a clear disavowal
of
claim scope").
A.
In The '471 Patent,
"Secured"
Is Used With
Its Ordinary,
Customary
Meaning,
And Does Not Connote
Any Notion That
The Rear Heel Must Be Detachable
This
Court
ordinarily
be given
has
repeatedly
their full meaning,"
broad terms standing
alone."
F.3d
Cir. 1999).
985, 989 (Fed.
stated
Johnson
that
"[g]eneral
descriptive
and that "modifiers
Worldwide
It is improper
-23-
Assocs.,
to import
terms
will
will not be added
Inc. v. Zeb¢o
unstated
Corp.,
to
175
and unintended
words or limitations
into the claims
where
no such words
or limitations
exist.
See
regarding
the
NTP, 418 F.3d at 1310.
Here,
the district
plain and ordinary
something
of "secured,"
which
that is "fastened"
or "attached"
to something
"secured"
components.
reference
that there
meaning
The '471 patent
the term
court acknowledged
specification
to describe
For example,
to permanently
permanently
the term
secured
shoe
col. 6, lines 22-23;
A0177-78,
'471 patent,
14); in one instance
an elastic
shaped
(A0177,
connector
sole.
(A0177,
uses
the
thereby
qualify
"secured"
is described
'471 patent,
phrase
clearly
'471
"detachably
evincing
In three
(A0175,
or permanently
'471 patent,
only
used
modifiers
(A0173-76,
'471 patent,
to the rear
seven
when
also
times,
needed
to
use the term
col. 2, lines 15-16,
col. 5, line 15, col. 6, line 42, col. 7, line 17).
-24-
to
a U-
specification
securing"
13-
secured"
secured"
The '471 patent
in
various
col. 11, lines
to the shoe sole, but did not otherwise
any such modifier.
five times
instances,
of
shoe
1-3); and in one instance
or "detachably
that the inventor
col. 3, line 14, col. 4, lines 64-66,
at least
as being "permanently
13-17).
secure[d]"
meaning
and detachable
by gluing,"
10, lines
as "removably
how the heel is secured
to imply
col.
col. 10, lines
is used
means
(A0015-16).
col. 10, lines 40-42,
band is described
patent,
else.
simply
plain and ordinary
components.
as being "secured
usage
attached
"secured"
parts of the shoe are described
the shoe sole,
in common
uses the broad
both
is no dispute
Moreover,
preferred
there
is no basis
embodiment,
detachable
in which
rear sole.
the flexible
Inc.,
to the preferred
358 F.3d
to limit
member
This Court has repeatedly
the scope of the claims
Co. v. Medrad,
in the specification
is used
stated
embodiment.
898, 906 (Fed.
the claims
to the
in a shoe having
that it is improper
a
to limit
See, e.g., Liebel-Flarsheim
Cir.),
cert.
denied,
543 U.S.
925
(2004).
Here,
claimed
be used
61-65).
invention
The
cover
embodiments,
(A0179,
specification
in the '471
sole---can
lines
the
independently
'471
as well
'471 patent,
concemed
that
flexible
two
also
states
combinations
as modifications
aspects
member
of one another.
patent
of the
and the detachable
(A0178,
'471
that it is "intended
patent,
that
of the features
shown
and
of this
variations
invention
rear
col.
12,
the present
in the different
invention
....
"
col. 13, lines 1-4).
portions
of the specification,
with his patents
shoes could be used separately.
be restricted
to the detachable
embodiments
of the flexible
incorporated
states
family--the
all possible
In the above
those
patent
clearly
that the various
Therefore,
in a shoe with a detachable
invention
rear sole.
-25-
aspects
the claims
rear sole invention,
member
Mr. Meschan
explained
of his improved
of the '471 patent
even
described
when
to all
athletic
should not
all of the preferred
in the '471 patent
are
This Court followed similar reasoning in Northrop
Corp.,
325 F.3d
1346,
unequivocal
disclaimer
Grumman
case
variety
(Fed.
of claim
scope.
described
command/response
a statement
1354-55
system.
the
B.
prosecution
consistent
to "detachably
related
intend
being
However,
Id.
Based
was not limited
history
secured"
decision
patent),
patent
where
that language
of the second
patent.
Court
no disclaimer
found
There,
the
'471
and
in the Northrop
used
solely
the specification
to conform
in
a
also included
to any one of a
on that statement,
to command/response
in part,
systems.
this
Id.
Reveals Strong Evidence
Its Ordinary,
Customary
patent
supports
and customary
to omit specific
(the '210 patent),
the claims
of the
no clear
meaning,
a construction
of
which
is not limited
in the claims
of one patent
rear soles.
in the parent
jacket.
as
Corp. v. lntel
it found
specification
may be made
algorithms."
with its ordinary
A patentee's
(the '471
when
The '471 Patent's Prosecution
History
That "Secured"
Is To Be Used With
Meaning
The
"secured"
invention
invention
Court ruled that the invention
2003),
The patent
Id. at 1355.
that "the present
of data transfer
Cir.
Grumman
Liebel-Flarsheim,
patentee
was included
is a "strong
patent
requiring
"clearly
language
in the claims
indication"
to be limited
stated
-26-
[its]
that the patentee
did not
in the same way as the claims
358 F.3d at 909.
a powered
of a different,
In Liebel-Flarsheim,
injector
intention
to include
to cover
this
a pressure
jacketless
injectors" by choosing not to include a "pressure jacket" limitation
where it had
included such a limitation in the claims of the parent patent, ld. at 903,909.
Likewise,
continuation,
in this
included
case
claims
to the rest of the shoe.
limitation
to a finding
In Phillips
v. A WH
history
understood
the patent."
(en banc).
the separate
provides
shoe,
reached
by the district
and
Liebel-Flarsheim,
customary
had
'210 patent,
that
this
essential
Court
the '471
patent
patent,
which
is a
secured"
1, 26, 27 and 36).
But this
is "squarely
358 F.3d at 909.
continued
"evidence
v. AWH
to recognize
that
the
of how the PTO and the inventor
Corp.,
415 F.3d
1303,
1317 (Fed.
Cir.
history
of the '471 patent
establishes
uses of the various
aspects
of Mr. Meschan's
improved
prosecution
directly
history
court regarding
the alleged
contradicts
disclaimer
the conclusion
of claim
scope.
See
358 F.3d at 909.
There Was No Clear
Meaning Of "Secured"
the strong
meaning
disclaimed
claims
Liebel-Flarsheim,
Corp.,
which
of the '471
In this case, the prosecution
athletic
Despite
from
that the rear sole be "detachably
in the claims
Phillips
and distinct
C.
patent,
requiring
of disclaimer.
prosecution
2005)
'210
(A0823-24,
was not included
contrary"
the
support
Disclaimer
in the intrinsic
of the term "secured,"
any
claim
scope
-27-
evidence
the district
beyond
(A0028).
Of The
Ordinary,
for the ordinary
court found
a "detachably
Customary
and
that the patentee
secured"
rear
sole.
The district
Court's
court's
precedent.
ordinary
finding
To protect
meaning,
into the claims,
not be given
an overly
expressions
claim
scope."
that claims
NTP,
The district
any claim
inventor
flexible
should
made
plate
"detachably
statements
in the absence
focused
expressly
stated
invention
cover
embodiments
....
of claim
found
secured"
all possible
(A0179,
uses
"words
or
a clear disavowal
of
omitted).
The simple
described
scope.
rear soles.
in the '471
fact
in the patent
Liebel-Flarsheim,
patent
358
with a pressure
the pressure
specification
that
'471 patent,
jacket).
col. 13, lines
shown
1-4).
the
use of the
no disclaimer
jacket,
the
it did not
In fact, the inventor
"it is intended
of the features
-28-
However,
that disclaim
Therefore,
disclaimed
358 F.3d at 908 (even though
without
combinations
inventor
(A0028).
rear sole.
See Liebel-Flarsheim,
'471
that claim terms will
that the '471 patent
on the use of the invention
in the
"
representing
have their
from the patent
the patentee
than the embodiments
of a detachable
the use of the invention
ruled
of this
325 F.3d at 1355.
court nonetheless
no express
limitations
(quotations
a disavowal
Grumman,
have been found.
specification
disclaim
more broadly
scope beyond
unless
or restriction,
418 F.3d at 1308-09
does not create
F.3d at 905; Northrop
reading
interpretation
exclusion
are written
specification
unnecessarily
misapplication
that claim terms
this Court has consistently
narrow
of manifest
is a clear
the heavy presumption
and to avoid
specification
of disclaimer
that
the present
in the different
The district
court's
claim construction goes directly against that broad and inclusive statement in the
'471 patent since the court's
construction
requires that the flexible
member
claimed in the '471 patent must be used with a detachably secured rear sole. This
alone should have been dispositive. See Liebel-Flarsheim,
Undeterred,
statements
the
in the '471
clear and unequivocal
First,
no citation
'471
exploded
view
"illustrates
patent,
patent,
to
sole'."
structure
on
however,
it believed
incorporating
(A0027-28).
The
'a
four
support
a
shown
However,
shown
heel
structure
court's
[]
opinion
but was presumably
in Figure
Figure
in Figure
that the written
district
for that proposition,
of the shoe of the present
col. 4, lines 34-35) (emphasis
The district
"designs
col. 6, lines 41-42).
an embodiment
of disclaimer
of these,
because
of the embodiment
of the heel
finding
None
disclaimer
to the specification
on the description
(A0175,
claims
rear
its
of claim scope.
court found
the
based
specification.
disavowal
a detachable
contains
relying
limited
court
patent
the district
description
including
district
358 F.3d at 909.
2 of the patent. 9
2 of the patent
1, which
invention."
itself
is an
merely
(A0174,
'471
added).
court may have been relying
on language
located
at column
4, lines
57-58, however, this language clearly appears under the heading "Description
of the Preferred Embodiments."
(A0174).
When considered in context, a clear
and unambiguous
disclaimer should not be found. Rambus, 318 F.3d at 1095.
-29-
Nonetheless, even assuming that the district court could conclude from
Figure 2 that the inventor explicitly stated that embodiments of the invention must
"include"
a detachable rear sole, the term "include" or "including"
not somehow "require[]"
by itself does
that all heel structures include a detachable rear sole, as
the district court found. (A0027) (emphasis added).
The district court supported its conclusion based on an erroneous analysis of
this Court's holding in C.R. Bard, Inc. v. U.S. Surgical
(Fed.
Cir. 2004).
implant
864.
includes
But
"Summary
patent's
prosecution
included
history
'471 patent
of
detachable
specification
because
section
history
surface,
clearly
patent
support[ed]
sole.
states
at issue - "the
of disclaimer.
surface"
Id. at
appeared
in the
ld.
Also in C.R. Bard,
[the] conclusion"
the
that the claimed
ld. at 866.
of the specification
does not support
rear
858, 864
this Court held that it was "more
of a claim term."
the entirety
two distinct
it was "intended
a "pleated
of the patent,
"equally
to C.R. Bard,
discloses
regarding
definition
a pleated
of the '471
- is "not determinative"
the statement
a limiting
388 F.3d
this Court held that the statement
surface"
of the Invention"
In contrast
type
a pleated
because
likely to support
"plug"
In C.R. Bard,
Corp.,
inventions
In
contrast
that the distinct
that the present
a finding
C.R.
inventions
invention
-30-
of disclaimer.
- the U-shaped
to
and the prosecution
flexible
Bard,
need
the
Rather,
member
the
and a
'471
patent's
not be used
together
cover all possible
combinations
of the features shown in the different embodiments, as well as modifications and
variations of this invention..."
(A0179, '471 patent, col. 13, lines 1-5), and
because the rear sole embodiments described in the patent "can be used with or
without the flexible plate."
(A0178, '471 patent, col. 12, lines 64-65). Moreover,
in prosecuting the '471 patent claims, the inventor never used the detachable-rearsole aspect to distinguish
over the prior art. Sunrace
Corp., 336 F.3d 1298, 1304-06
actuator"
required
shift actuator
The
contains
district
specification
shoes"
shoes
with
scope.
a generally
court
further
also
relied
Rather,
it simply
points
by Mr. Meschan.
that
disclaimer
of claim
336
a feature
F.3d
scope.
at
statement
relates
generally
a particular
rear
aspect
soles."
statements
is an essential
(finding
-31-
no
the
'471
to multi-purpose
of the invention
(A0026).
disclaimer
- "athletic
On its face,
the invention,
at 905,
that
the
of claim
of the athletic
do not amount
358 F.3d
patent
athletic
a disclaimer
advantage
describing
element,
Liebel-Flarsheim,
1304-05
from
does not support
out one particular
General
states that "each handgrip
a
court
that a "shift
cam member").
on
invention
describes
no disclaimer
the specification
cylindrical
on by the district
suggesting
Sunrace,
even though
interchangeable/detachable
relied
conceived
(Fed. Cir. 2003) (finding
that the "present
and then
statement
a "cam"
Roots Ent. Co., Ltd. v. SRAM
shoe
but not
to an express
908;
a "shift
see also
actuator"
required a "cam" even though the specification states that "each handgrip shift
actuator contains a generally cylindrical cam member").
The district
disclaimer
First,
court cited two additional
of claim scope but which,
the district
conventional
including
court focused
shoes,
associated
with
spring."
(A0026-27).
because
the
conventional
finding
of disclaimer
355
specification
where
patent
1327,
states
it is only
of several
However,
this is precisely
disclaimer
based
though
that aspect
where
(Fed.
of the invention
for
and/or
a disclaimer
of detachable
Cir.
necessary
one possible
rear sole
in
"includes"
features
(finding
the ability
described
was not recited
-32-
no disclaimer
to rotate
in the claims
of
Stores,
where
the
a light by 360 °
or important).
The district
of "detachable
A
feature
lnc. v. Wal-Mart
as significant
court did here.
of the advantages
to find disclaimer.
(but not required)
See Golight,
2004)
what the district
on a discussion
cushioning
(A0027).
in the claims.
1331
from
a heel structure,
support
the lack
departure
heel wear problems
enhanced
found
do not rise to the level
the invention
one
also
characterizes
is not proper
alleviates
of a
of no disclaimer.
incorporates
provides
court
a finding
its finding
that "in a radical
invention
and
as inferior."
is not recited
F.3d
district
"also
statements
the invention
Inc.,
The
shoe designs
These
on the statement
shoes
to support
support
rear sole, that significantly
conventional
'471
in reality,
the shoe of the present
a detachable
statements
court found
rear soles"
even
of the '471 patent,
and detachable rear soles generally - as opposed to the specific novel aspect of
detachable rear soles claimed in the '210 patent - were known in the art as
discussed in the common '471 and '210 patent specifications.
(A0173, '471
patent, col. 2, lines 4-31; A0817, '210 patent, col. 1, lines 65 - col. 2, line 25).
III.
THE
DISTRICT
TERM "SECURED"
The asserted
heel
region
improperly
rear
sole
claims
....
"
concluded
selectively
COURT
ERRONEOUSLY
IN THE '300 PATENT
of the '300 patent
(A0134,
e.g.,
93).
The
district
the
court
any claim scope beyond
"a
or permanently
fastened,
not
in
The district's
inventor's
intention
to include
finding
but
of disclaimer
permanently
to the statement
attached,
in the '300 patent
need not be used in conjunction
with a detachable
permanently
as well."
attached
claim
below
had disavowed
(A0025).
contrary
patent
"a rear sole secured
THE
that Mr. Meschan
position."
directly
'300
recite
CONSTRUED
rear soles
permanently
fixed
of claim scope ignores
i.e. fixed,
that "[t]he
rear soles
flexible
the
and is
region
also
rear sole, but can be used with
(A0129,
'300 patent,
col. 10, lines
14-
16).
Ao
The
Intrinsic
Consistent
Evidence
With Its Ordinary
As with the '471 patent,
compel
a construction
Supports
different
meaning.
-33-
Of "Secured"
Meaning
there is nothing
of "secured"
A Construction
in the intrinsic
from
evidence
its ordinary
and
that would
customary
1.
The
Claims
Support
"Secured"
The '300
objectives:
user's
worn."
region;
than
patent,
col. 3, lines
38-41);
and (2) a detachable
'300 patent,
shoe with a flexible
are directed
plate.
to a shoe having
patent,
instead
curved
section,
having
the
relative
to the interior
'300
of a flexible
patent,
member
the flexible
"peripheral
plate
portions
portion
are no claims
As discussed
when
Term
spring to the
interior rear midsole
conventional
replace..,
The
midsole
material,"
andor
rotatable
the sole is excessively
col. 6, lines 9-10).
of the '300 patent
(A0134,
or eliminate[]
Patent
to at least two
member to "provide[]
durable
can "eventually
'300
Of
directed
it is more
(2) a rear sole that is secured
rear sole.
inventions
in that
are directed
There
Meaning
and reduce[]
that the user
plate.
Of The
heel strike
(A0127,
flexible
History
Ordinary
a flexible
The claims
patent
The
(1) a shoe that includes
'300
- an athletic
Of
discloses
compression
rear sole
Use
Prosecution
patent specification
gait cycle upon
(A0126,
And
....
Specifically,
three
the asserted
elements:
below
having
claimed
" (A0134,
that feature
-34-
28-32).
in the '300
being
directed
that has a heel
But unlike
provides
restrained
from
the '471
by a
spring
however,
by
movement
col. 20, lines 32-43).
to a selectively
is claimed,
and (3) a
wall connected
patent
'300 patent,
of the '300
of the upper;
a top and bottom
of the plate
claims
(1) an upper
the heel region
col. 20, lines
in the '300 patent
above,
to only one of these two objectives
positionable
in predecessor
patents to the '300 patent.
For example, the '126 patent includes independent
claim 19 separately reciting structure "allowing
selective rotation of the rear sole
.... " (A0726, ' 126 patent claim 19). The existence of this separate patent that uses
language different from "secured" to define a rear sole that is not fixed in position,
i.e. positionable
"secured"
limited
via
in its scope.
claimed
discloses
patent
rear
disclaimer
requiring
specification
contained
clear
detachable/positionable
there
evidence
that
not be modified
only
a disavowal
athletic
318
language
required.
- where
that
the flexible
rear sole is claimed
shoes
F.3d
of claim
with
at
"bus" be capable
is structured
real
are distinct
sole
sections
the term
or otherwise
scope
detachable
1095,
this
"the
present
or selectively
found
no
even though
the
invention"
was only one of several
Rambus,
in the
-35-
included
aspects
it
of the
318 F.3d at 1095.
to separately
aspects
that would
Court
of multiplexing
plate is
in other patents
The Specification
Of The '300 Patent Supports
Ordinary Meaning Of The Term "Secured"
The specification
example,
should
inventions
that multiplexing
and not necessarily
2.
to finding
the claimed
strong
358 F.3d at 909.
In Rambus,
there was evidence
invention
claims
and the positionable
to cover
soles.
provides
the two separate
- and is contrary
the '300
positionable
patent
Liebel-Flarsheim,
in the '300 patent,
in the family
where
rotation,
as used in the '300
This patent
limit
selective
of Mr.
'300
address
the flexible
Meschan's
patent
Use Of The
plate
inventions.
specification
and
For
separately
discussing the rear sole and the flexible plate.
Also, the "Abstract"
and the
"Summary of the Invention" sections discuss only the flexible-plate aspect of the
invention.
(A0095; A0125, '300 patent, col. 2, lines 15-60). This, on its own,
supports a finding of no disclaimer. Resonate
F.3d
1360,
purported
1366 (Fed. Cir. 2003)
disclaimer
of the Invention
is "conspicuously
67.
This
plate, beginning
section
incorporated
patent,
ends
into other
state
inventions
missing"
or even
cannot
at column
a clear
(emphasis
be used
that
without
relating
that
on various
added).
the
These
flexible-plate
a detachable
and Summary
to column
region
as welL"
sections
aspect
of the
embodiments
the "flexible
embodiments
338
to the problem).
7, line 45 and continuing
statement
lnc.,
any mention
from the Abstract
discussion
rear sole support
suggest
Websystems,
where
claim language
has a distinct
with
col. 12, lines 66-67)
do not
no disclaimer
and there was no explicit
Also, the specification
the flexible
(finding
Inc. v. Alteon
12, line
may
(A0130,
of the '300
of Mr.
or selectively
of
be
'300
patent
Meschan's
positionable
rear
sole.
a.
The
"All
Disclaimer
Embodiments"
When
Read In
Specification
The district
disclaimer
embodiments
of
And Prosecution
court found that Mr. Meschan
claim
scope
of the present
based
invention'
Language
Is Not
A
Context
Of The Entire
on
the
include
-36-
History
had made
statement
a clear and unequivocal
in
a mechanical
the
patent
means
that
"'all
for selectively
locking the rear sole" relative to the rear sole support.
(A0023-24).
Under the
district court's analysis, this language required it to find a disclaimer of claim
scope. (Id.).
However, a finding of disclaimer should not be reached based upon the "all
embodiments"
statement alone when the rest of the intrinsic
contrary evidence.
Seachange,
that routing
specification
stated
based on logical
Inc.,
use
statement,
address,
invention
this
Court
invention
Contrary
disclaimer
embodiments"
noted
be done
and retrieval
through
not physical
03-1366,
that while
determinative.
ruled
that the inventor
simply
when
court's
reasoning,
a
patent
a patented
the "all embodiments"
242 F.3d
at 1343.
-37-
though
addressing,
SciMed
feature.
Indeed,
is "most
the entire
intrinsic
Int'l,
(emphasis
that described
Based
on
a scope
that
of the
ld.
does not require
specification
the
is accomplished
specification
had not disclaimed
statement
There,
even
ld.
v.
that there was
Corp. v. Seachange
addressing,
the use of physical
because
discussing
logical
Corp.
*3 (Fed Cir. 2005)
in the patent
other
to the district
nCube
WL 39053,
with
that included
than
addresses
that all routing
addresses."
2006
on a network,
physical
to note
This Court relied on a statement
of the
claimed
data storage
that "[i]t is important
App. No. 03-1341,
added).
of
For example, this Court recently found in nCube
a case regarding
no disclaimer
record contains
uses
the
term
in SciMed
"all
this Court
compelling,"
record
a finding
it is not
supported
a
"broad and unequivocal" disclaimer of dual lumens in the claimed catheter. For
example, this Court noted that the "Abstract"
and "Summary of the Invention"
sections identified the invention as requiring coaxial lumens rather than dual, sideby-side lumens. Id. at 1342,
over
the prior
advantages
1343.
art on the basis
over dual lumens,
In addition,
of having
of those
contained
the portion
and/or
within
positionable
no "all
(A0128,
embodiments
attached
lines
quoted
is conclusively
region
rear soles."
14-16).
limits
At best
statements
language
demonstrated
may
be
A0129,
for adidas,
are inconsistent
sentence
17-20).
patent
member
is
There
is
specification
to use
does not apply
by the statement
incorporated
and that the flexible
(A0130;
the
'300
is separate
with
a
rear sole.
that the "all embodiments"
as well"
out their
on the detachable
col. 7, lines
flexible
positionable
flexible
patent,
that
or selectively
"It]he
that is focused
of the
detachable
that
and pointed
embodiments"
in the portion
member
invention
'300
"all
language
the flexible
plate
distinguished
and the '300 patent
The
of the specification
discussing
Finding
lumens
inventions
two inventions.
rear sole.
embodiments"
coaxial
patent
ld. at 1343.
Here, there are at least two distinct
in its discussion
the SciMed
plate
'300 patent,
into
-38-
in the '300
rear
can be used with
col. 12, lines
the "all embodiments"
with one another.
other
language
However,
to the flexible
sole
patent
support
"permanently
66-67,
col. 10,
and the just
such inconsistency
does not rise to the level of a clear and unequivocal
Honeywell
Inc.
2002)
conclusive
(no
Summary
weight
was
discussed
attached
in the written
even where
the claims
where,
contrarily
show
the specification
in their entirety,
that
the invention
to
1317,
(Fed.
statements
"that
when
claim
"clear
language"
Cir.
in the
of both
1 requires
318 F.3d at 1094-95
See
the term
lead to the solution
description,
contained
1325-27
the argument
that would
Rambus,
of claim scope.
inconsistent
rejected
in a manner
of only one of those problems");
disclaimer
Ltd., 298 F.3d
and this Court
must be construed
art problems
solution
Co. of Japan,
of the Invention,
'contiguous'
prior
v. Victor
disclaimer
(finding
the
no
that may limit
the specification
and the prosecution
is not so limited
because
there
history
are multiple
inventions).
b.
The district
of disclaimer
includes
court
reasoned
Of
conclusion
court also relied
- the statement
which
removable
The Only Other
Statement
Relied
Upon By The
District
Court Actually
Supports
Adoption
Of The
Plain
And
Ordinary
Meaning
Of
The
Term
"Secured"
or detachable."
course,
that "the present
or can accept
that this
this
upon one other statement
a plurality
statement
invention
includes
of rear soles ....
"appears
to mean
to support
a shoe or shoe kit
" (A0024).
that
its finding
The district
the rear sole must
be
(Id.).
statement
is completely
that there was a purported
disclaimer
-39-
irrelevant
to the
district
of rear soles permanently
court's
fixed in
position. (A0025). If this statement would have been relevant at all, it would be in
an analysis of whether the inventor
selectively
positionable
and concluded
The district
when
of no disclaimer
is read
at all.
in the same
Later
clear that it is in the "preferred
locked
in a plurality
of separate
It is improper
claim where
1323; Sandisk
(stating
to read
Prods.,
that without
cert. denied,
paragraph,
opposed
to
that feature.
415 F.3d
more, claims
126 S. Ct. 829 (2005);
it supports
a
the specification
'300 patent,
from a preferred
Inc.,
A0024).
that "a given rear sole can be
" (A0127,
does not require
v. Memorex
that it is axiomatic
embodiments),
limitations
the claim language
Corp.
....
(A0018-20;
in its full context,
embodiment"
positions
as
court did in fact make that analysis,
this statement
makes
43-45).
removable,
that there was no such broad disclaimer.
Nonetheless,
finding
rear soles.
disclaimed
embodiment
Phillips,
1278,
cannot
col. 6, lines
415 F.3d at
1286
be limited
Liebel-Flarsheim,
into the
(Fed.
Cir.)
to preferred
358 F.3d at
906.
CONCLUSION
For the reasons
reverse
the
district
stated
court's
"secured"
in both the '300
plain
ordinary
and
meaning
above,
order
Akeva
on
claim
and '471 patents
of "attached"
-40-
respectfully
construction,
should
requests
find
that this Court
the
be construed
or "fastened,"
reverse
claim
according
term
to its
the entry
of
summary judgment of non-infringement,
and remand this case to the district court
for further proceedings.
Date: April 18, 2006
Dirk D. Thomas
Robert A. Auchter
Danielle Avolio
Andr6 J. Bahou
Jason Buratti
Robins, Kaplan, Miller & Ciresi L.L.P.
1801 K Street, N.W., Suite 1200
Washington, D.C. 20006
Tel: (202) 775-0725
Munir R. Meghjee
2800 LaSalle Plaza
800 LaSalle Avenue
Minneapolis, MN 55402
Tel: (612) 349-8500
Attorneys for Plaintiff-Appellant
Akeva L.L.P.
Of Counsel:
Scott A. Schaaf,
Tuggle, Duggins
P.O. Box 2888
Esq.
& Meschan,
P.A.
Greensboro,
NC 27401
Tel:
(336) 378-1431
-41-
ADDENDUM
ADDENDUM
Memorandum
and Order,
dated May 17, 2005
Memorandum
................................................................................
A1-51
and Order
dated August
26, 2005
Final Order and Judgment
dated October 28, 2005
.........................................................................
A52-70
........................................................................
A71-72
United
States Patent No. 6,604,300
United
States Patent
No. 6,662,471
.............................................................
............................................................
A95-140
A 141 - 180
Case 1:03,cv-O1207-WLO
FOR
AKEVA
Document 133
Filed 05/17/2005
IN THE
UNITED
STATES
THE
MIDDLE
DISTRICT
DISTRICT
OF NORTH
Page 1 of 51
COURT
CAROLINA
L.L.C.,
Plaintiff,
v.
aDIDAS
I:03CV01207
I AMERICA,
INC.,
Defendant.
MEMORANDUM
OSTEEN,
Distrlct
Plaintiff
action
("adidas")
.
Patent
No.
("'300
Patent")
and
"Athletic
Shoe
with
violation
of
acquired
A
Markman
Cir.
determination
v.
1995),
aff'd,517
(1996).
First,
asserted
to
be
ORDER
United
the
F.
"meaning
391,
and
must
name
6,662,471
The
and
scope
be
116
S.
of
the
A 0001
with
to
1384,
patent
Id.
a
in
were
967,
Ct.
determined.
begins
Patent"),
requires
F.3d
Sole"
entitled
patents
assigned
52
States
Improved
("'471
infringement
370,
Inc.
United
with
No.
(b) .
Inc.,
patent
infringed
Shoe
Meschan
Instruments,
trade
America,
Structure"
and
patent
U.S.
adldas
Patent
Heel
271(a)
infringed"
company's
States
David
this
"Athletic
Improved
_
brings
Defendant
entitled
of
Westview
Defendant
asserts
U.S.C.
inventor
("Akeva")
against
6,604,300
by
i The
L.L.C.
Plaintiff
35
and
Judge
Akeva
infringement
OPINION
lowercase
Akeva.
two
976
steps.
(Fed.
1396
claims
Second,
"a."
the
Case 1:03-cv-01207-WLO
properly
construed
accused
of
meaning
and
the
duty
full
scope
of
the
briefing
the
I.
the
the
dlsputed
Many
of
descriptions
The
the
'300
Akeva
has
deflection
several
the
has
now
hearing
is
assessment
of
the
of
been
the
'300
that
(the
out
the
product
law
and,
the
subject
of
"Markman
proper
and
thus,
'471
construction
Patents.
below
a
at
like
heel
a
and
varlatlons
given
the
asserts
a
Patent,
and
a
few
sectlon
gives
with
in
the
details
more
of
a
the
general
complete
Analysls
section,
below.
Patent
shoe.
incorporates
periphery,
wearer's
matter
This
discloses
"secured"
acts
an
a
lnventlons,
claims
enhance
first
claim
claimed
Patent
of
plate
a
contention.
the
performance
of
is
sets
in
'300
6,604,300
features
region
and
the
step,
This
herein
the
in
of
sole
claims,
terms
of
are
descrlptlon
rear
first
to
Page 2 of 51
BACKGROUND
Patent,
whose
Filed 05/17/2005
compared
court.
court
aspects
A.
be
parties
claim
133
The
patent
district
and
The
must
Id.
of
by
FACTUAL
'471
claims
infringing.
hearing"),
of
Document
an
usefulness,
Beginning
is
the
void
beneath
its
interior.
provlding
on
thls
shoe
with
heel
the
that
interior
Generally
cushionlng
extra
theme.
spring.
Central
A 0002
a
93,
which
patent
the
is
supported
and
speaking,
to
is
shoe.
area,
at
is
of
'300
one
the
of
a
The
heel
Its
capable
the
impact
The
sole
discloses
of
the
rear
and
Claim
region
plate
its
with
durability,
infringed,
flexible
trampoline,
athletic
flexible
the
Patent
the
claims
disputes
Case 1:03-cv-01207-WLO Document 133
is
a
the
feature
shoe
wherein
by
the
This
allows
becomes
worn
or
allows
the
heel
wearer
a
different
than
to
no
life.
invention
The
should
new
heel
needs
by
the
portion
be
the
located
a
so
at
the
parties
whether
the
the
and
flexible
plate,
rotatabllity
of
as
the
it
fast-
back
the
of
heel
Plaintiff
as
that
the
"spirit"
heel,
and
feature
very
giving
its
playing
that
thereby
disagree
when
as
of
in
cushioning
also
wearer
rest
attached
such
is
the
heel
different
There
rotated
to
activity,
Page 3 of 51
from
ground-engaging,
be
removability
separated
replace
running.
be
longer
to
wearer
ground-engaging
is
longer
heel
be
a
the
for
rather
wearing,
the
when
can
allowing
the
properties
basketball
heel
wearer,
place.
spring
the
Filed 05/17/2005
of
the
a
the
contends,
or
Defendant
argues.
B.
The
The
'471
constructed
recumbent
each
The
U
other
wearer
Patent
in
the
is
made
and
adds
energy
returning
6,662,471
in
shape
of
to
of
top
at
the
their
original
the
between
shifts.
the
"U"
and
athletic
lying
bottom
end
of
by
shoe
on
its
walls
a
heel
curved
wall
the
recumbent
U
"stiffening
member"
to
this
increase
A 0003
parallel
or
absorbs
bend.
the
add
springing
be
to
As
a
impact.
sprlng
deflection
can
is
This
generally
structure
after
that
side.
the
positions
A
walls
a
heel,
components
weight
an
one
the
wearer's
bend
discloses
joined
weight
to
Patent
and
added
effect.
by
as
at
the
Case 1:03-cv-01207-WLO
Xl.
Document 133
Page 4 of 51
ANALYSIS
Here,
the
court
tackles
infringement
determination,
the
First,
patent.
analysis
is
properly
consider
of
Filed 05/17/2005
an
given,
evidence.
the
first
which
is
explanation
including
and
Second,
weight
the
court
to
of
the
the
step
the
be
a
patent
construe
the
language
appropriate
evidence
to
in
a
construes
method
district
given
to
the
of
of
court
may
different
types
disputed
claim
terms.
A.
Applicable
I.
Law
The
Court
Construe
Evidence,
A
court
should
(i)
patent's
speclfication,
Markman,
52
evidence
and
A
court
claims
the
F.3d
of
the
second
step
the
invention,
and
"is
the
Withln
and
979.
always
should
"[f]lrst
both
patented
Inc.,
is
to
but
slngle
the
the
(3)
look
the
best
to
the
three
be
consulted.
F.3d
the
guide
specification
to
(Fed.
the
to
the
is
a
Corp.
of
the
history.
intrinsic
of
to
the
define
the
v.
Cir.
1996).
The
The
claims
define
always
meanlng
written
A 0004
the
words
speclfication.
"is
meaning
(2)
nonasserted,
1582
specification
the
are
to
Extrinsic
prosecution
sources
Vitronlcs
1576,
Consider
themselves,
look
and
Evidence
determine
patent's
These
asserted
to
May
claims
inventlon."
90
Intrinsic
and
sources
of
should
Conceptronic,
Id.
at
Consider
Claims,
Needed.
three
language
themselves,
scope
the
if
use
claims:
Should
of
highly
a
relevant"
disputed
descrlption
of
term."
the
Case l:03-cv-01207-WLO
invention
that
invention
described.
construction
in
the
allow
consider,
at
of
A
meaning,
giving
the
specification.
If
the
be
construed
speciflcation,
using
the
However,
in
the
the
because
"[t]hat
wrapper,"
it
is
in
'undisputed
to
is
prosecution
is
the
the
third
claims."
Markman,
of
record'
is
of
52
of
primary
F.3d
at
uses
Vitronics,
word
used
or
F.3d
using
term
of
called
F.3d
in
not
Id____.
"file
to
consult,
1582.
the
in
"do[]
lnformatlon
the
at
will
980.
claims."
evidence
word
than
at
the
his
in
a
rather
52
purpose
The
words
descrlptlon
from
slgniflcance
as
redefined
that
of
court
See
defined,
proceedings
A 0005
A
clearly
of
90
5
Id.
view
acted
intrinsic
980.
in
has
sometimes
type
read
terms
patentee
written
and
define
to
the
of
explicit
has
Id_____.;
Vitronics,
public
Office
function
sort
any
Markman,
its
a
consider
meanlng
others
history,
evidence.
Trademark
and
make
claim
meaning.
has
meaning.
to
specification
definitions
patentee
exclude"
the
a
patentee
the
ordinary
right
when
may
be
the
also
as
part."
ordinary
special
speciflcation
delimit
The
way
a
whether
as
the
and
art
"For
act
"must
Page 5 of 51
the
979.
may
are
should
then
the
word's
they
such
lexicographer,
at
terms
their
court
F.3d
in
invention
instance,
own
in
the
with
1582.
statements
52
which
for
inconsistently
F.3d
skilled
Id____.Claim
of
Filed 05/17/2005
description
explains
specification,
terms
the
claim."
133
someone
Markman,
which
the
should
90
would
purposes,
dictionary,
used
Document
Patent
"This
and
understanding
"speclfication
if
and
the
Case
1:03-cv-01207-WLO
claim[s]
are
in
the
they
bear
on
their
said
when
he
was
Dental
If
order
to
the
obtain
the
be
from
claims.
1218
Pall
(Fed.
should
claims."
When
the
disputed
90
F.3d
to
patent
U.S.
2 The
at
art,
then
later
patentee
980
Otto
222
in
to
patentee
scope
66
in
the
(quotlng
would
into
F.3d
the
the
1211,
history
used
vary'
Goodyear
scope
the
prosecution
or
12
as
Inc.,
fails
evldence
may
can
and
clalms,
llmitations
Goodyear
the
proper
Instruments,
U.S.
in
Dental
such
decision,
as
the
In
Federal
"Markman
inventor
requlres
us to give
no deference
about
the
meanlng
of
the
claims."
6
A 0006
expert
in
Vitronics,
outside
testimony,
to
the
use
the
z
of
In Markman,
the
court
and
his
patent
attorney
amounted
to no more
than
116
(1996).
ambiguity
evidence
aversion
construction
Inc.,
52
391,
an
consulted.
all
indicated
370,
resolve
be
includes
history,
has
to
in claim
construction.
testlmony
of the
inventor
no deference
because
it
517
such
language
evidence
Circuit
aff'd,
the
227,
disclaimed
the
evidence
This
opinion
on
v. Westview
a
prior
at
what
227).
extrinsic
Federal
1995),
claims,
Separations,
F.3d
prosecutlon
expert
testimony
stated
that
the
was
entitled
to
Cir.
52
construction
surrendered
the
the
the
222,
or
diminish,
intrinsic
its
U.S.
"Although
'enlarge,
1583.
and
a legal
Markman
Micron
Page 6 of 51
Id_____.
(quoting
this
understand
term,
at
of
from
1995).
102
102
disclaimed
Markman,
Vulcanite,
a
v.
by
application."
allowance
Corp.
and
confirmed
reincorporating
cannot
the
Davis,
invention
used
it
Co.
Filed 05/17/2005
patentee"
be
his
v.
133
the
"may
patentee
Cir.
be
of
making
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context
tie
according
and
will
the
(1986)
havinq
surface
outslde
in
are
direction
substantially
axis
of the
shoe
so that
the
plate
is capable
of
relatlve
to the
peripheral
dlrection
substantially
to the
major
axis
of the
shoe,
appear
192,
a
meaning
should
of
be
Case 1:03-cv-01207-WLO
"fastened"
or
removable,
and
argues
that
to
the
the
term
Patent,
and
'471
always
The
court
then
shoes:
the
wears
shape;
cushioning
of
customlzation
of
a
leaves
an
few
the
the
because
mean
simply
the
the
the
other
hand,
the
"fastened."
heels
"selectively
address
of
on
that
proper
'300
"secured"
locked
proper
into
construction
specification
of
construction
Patent,
portion
(i)
out
the
in
the
'300
light
for
of
the
running),
indlvldual
wearer's
for
those
invention.
state
the
of
shoe
when
most
wherein
heel
requlres
of
creates
weight
sufferlng
16
A 0016
the
athletic
an
of
from
shoe
of
the
area;
costly
it
for
of
and
remains
midsole
loses
and
lack
(3)
acquisition
activity
(e.g.,
to
customize
preferences,
foot
art
periphery
the
inability
and
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the
outer
rest
the
relzes,
description
the
in
type
the
the
compression,
each
written
wherein
than
which
argument
of
with
especially
options,
the
summary
entlre
midsole
shoe
of
wear,
faster
of
adldas'
problems
outsole
much
(2)
optlons
and
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to
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to
or
llght
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shoes
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to
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athletic
good
word
removable,
discusses
requires
rebutted
contemplate
will
permanent,
adidas,
is
the
introductory
details
heel
encompass
Page 16 of 51
specification.
the
background
in
use
address
regard
on
that
not
are
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first,
meaning
"secured"
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would
specifications
shoe
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attachment,
plain
do
position."
of
which
rotatable
this
the
133
"attached,"
speclfications
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Document
or
and
leg
injurles
Case 1:03-cv-01207-WLO
or
other
12.
Document
133
'300
Patent,
irregularities.
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further
[t]o
describes
achieve
[advantages
an
upper
secured
below
sole
support
secure
upper.
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the
col.
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later
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which
includes
having
"The
a
set
heel
below
forth
and
i.
32-coi.
2,
i.
heel
cross
a
rear
region
of
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written
added).
a
the
written
sole
of the
upper,
and
upper
and
confiqured
Invention
accept
in
in accordance
., the
shoe
region,
the
(emphasis
states,
points
that
construction
of
"In
includes
plurality
a
of
and/or
trainer
all
a
rear
to
the
description
shoe
rear
surface
shoe."
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or
soles
shoe
kit
1503
configurations,
Ida,
2
3 In
generally
in
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the
sole
of
examples
argument
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col.
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ii.
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to
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sole
also
sole
more
33-36
mechanlcal
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descrlbes
to
ii.
a
the
depicted
of the
patents
the
patentee's
in
the
in suit,
numerical
manner
illustrated
specificatlon.
17
A 0017
the
court
references
rear
17-20
for
in
speclfication:
quotations
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the
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in
specification
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language
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the
of
for
notably,
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locking
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a
its
embodiments,
support
connecting
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"secured."
selectlvely
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to
support
for
components
a
characteristlcs
also
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Figure
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adidas
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or
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having
27-33
different
thereby
means
ii.
to
and
drawings]
the
invention
the
heel
attached
rear
col.
Page 17of 51
that
description,
claims,
with
the
purpose
of
includes
Filed 05/17/2005
has
to
Filed05/17/2005
Case 1:03-cv-01207-WLO Document 133
To
secure
rear
sole
150
to
rear
sole
sole
150
is simply
press-fitted
manner
of lockinq
rear
sole
150
one
of several
positions
is one
ways
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which
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repositioned,
other
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part
col.
further
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of
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may
to
allow
be
the
to
user
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speclflcatlon's
depicted
detachably
its
sole
Akeva
construction,
purport
plain
and
error
to
col.
6,
only
in
con3unction
with
permanently
support
or
col.
sole
to
at
detachable
soles
18
A 0018
means
that
nor
the
shoe
150
that
is
relatlve
(emphasis
to
added).
proposed
does
does
reason,
it
it
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would
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legal
incorporate
adidas'
The
description,
written
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region
rear
as
provided
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sole
43-45
.,
desired
specxfzcation
to
140
added).
adidas'
this
flexible
a
each
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ii.
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rear
support
with
a
"detachable."
a
is
posltlonable
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attached
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includes
permanently
with
150
(emphasis
For
of
specification
sole
sole
Patent's
term
term
The
rotatably
'300
references
embodiment:
"also
meanlng.
izmitation
argues,
sole
explalns
opposltlon
the
the
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46-51
Id.,
the
construe
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posltions
description
140."
ordinary
the
and/or
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to
of
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1
to
redefine
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possible
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to
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moved
140,
shoe.
positionable
position."
rear
a
sole
locked
14-20
describes
selectively
rear
and/or
support
Page 18 of 51
rear
also
sole,
well."
soles
as
a
need
not
be
used
but
can
be
used
Id.,
col.
I0,
ii.
Case 1:03-cv-01207-WLO
14-16.
If
this
a
"secured"
disclosed
basic
term
of
"secured"
contemplated,
top
a
of
used
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as
not
the
use
rear
sole
sole
to
the
detachability,
Claim
25
of
"'126
Patent"),
the
upper,"
"[t]he
detachably
securing
No.
If
meaning
the
this
Patent,
would
makes
rest
rear
ii.
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then
of
the
24-25.
when
Patent
by
reference
sole
a
25,
sole
below
Oct.
i,
included
merge
of
a
rule
19
A0019
25
of
this
and
clalm
claim
(the
'300
the
Patent,
heel
40
that
means
for
heel
region."
col.
16,
40
sole
feature.
the
notion
the
that
5,560,126
claim
the
rear
to
below
1996),
Claims
the
is
and
wants
into
the
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lncludlng
their
connection
Akeva
Number
dependent
to
may
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to
secured
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to
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U.S.
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reference
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violation
that
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wrltten
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speclf_c
(issued
impermissibly
is
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exclude
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or
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show
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of
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in
is
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prior
5,560,126
another
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component
references
Patent
member
incorporated
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to
connection
Meschan's
the
where
Page 19 of 51
it
which
Akeva
contexts
patents
he
patent,
reference
"the
previous
the
secured,"
exclusively
Id_____.,
col.
includes
in
the
support:
Meschan's
in
col.
discussing
support."
of
"secured"
rear
in
"detachably
cushioning
Id.,
Filed 05/17/2005
construction.
is
U-shaped
used
of
claim
surface."
does
meant
embodiment
rule
"have
Document 133
ii.
region
U.S.
40-53.
of
detachability,
in
the
construction.
'126
Case 1:03-cv-01207-WLO
Akeva
is
Patent's
correct
claims
This
"secured,"
nor
with
a
so
location
rear
of
sole
be
but
into
patent's
be
without
only
being
the
attachment,
sole
mechanical
relative
to
ii.
the
17-20
strike"
ii.
does
require
not
points
into
does
means
sole
(emphasis
the
disavow
in
place.
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selectively
added).
20
A 0020
not
col.
be
7,
sole
ii.
42-
As
the
of
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shoe
rotatable)
that
written
embodiments,
and
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permanent
statement
support
rear
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express
for
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shoe.
not
all
the
may
rear
an
"'[1]n
the
wrztten
sole
the
is
in
detachability.
out,
written
that
from
of
posltlon
from
be
Id.,
construction
invention
sole
states
The
rear
'300
of
the
rear
it
58-63.
"the
an
longer
and
proposed
that
the
no
the
meaning
instance,
positionable."
fixed
rear
wzll
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contain
states
plain
separating
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detachable
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includes
7,
col.
For
in
"detachably
disavow
wherein
heel
Page 20 of 51
used
mean
the
sole.
wlthout
locked
permanently
speciflcally
first
speclfication
it
in
portion
description
selectlvely
While
rear
rotatably
adldas'
to
as
description
reiterates
position"
also
neither
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Patent,
written
could
is
embodiment
rotated
later
However,
locked
the
"secured"
construed
written
an
user's
'300
removable
col.
the
term
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that
may
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rear
does
the
support."
43.
not
describes
rotatable
the
limitation
permanently
description
that
should
secured."
Filed 05/17/2005
Document 133
description
the
locking
upper
While
of
this
disclaims
inventlon
the
the
rear
shoe."
statement
sole
Id.,
uses
a
Case 1:03-cv-01207-WLO
the
word
"includes,"
an
open-ended
of
Patent
2004),
generally
word
include
does
appear
mechanical
relative
to
including
a
relative
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to
embodiment
the
user
the
can
and
no
choose
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into
sole
the
sole
position
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2
also
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means
of
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while
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rev.
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the
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mechanical
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ed.,
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as
Manual
invention
shoe
permanently
that
selectively
(8th
the
language
features,
locking
and
support
require
user
that
Page 21 of 51
claim
possible
selectively
is
sole
in
2163.II.A.I.
support
that
rear
to
§
for
sole
sole
would
a
Either
rear
Filed 05/17/2005
other
possible
means
the
for
Procedure
not
133
interpreted
allowing
Examining
it
allow
Document
latter
present
to
position.
rear
sole,
or
she
cannot.
In
SciMed
Systems,
patent
Inc.,
in
the
is
at
own,
be
1341.
"might
This
be
question."
lumen
the
true
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as
of
a
The
coaxial
dual
a
broad
(Fed.
Cir.
particular
of
if
the
enough
specification
rather
structure
the
in
used
in
clear
the
prior
feature
on
the
art,
its
feature
identlfied
discussed
that
patent."
language,
SciMed
dual,
A 0021
of
The
that
encompass
than
21
2001).
feature,
claim
of
"all
makes
clalms
to
construction
similar
specification
reach
even
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the
used
1337
the
include
considered
structure
disadvantages
is
reviewed
F.3d
"[w]here
outside
Advanced
description
242
not
v.
Circuit
written
that
does
to
Inc.
Federal
the
explained
deemed
Systems,
language.
znvention
Id.
in
the
which
embodiments"
court
Life
its
the
and
a
Case 1:03-cv-01207-WLO
described
the
coaxial
structure
for
all
contemplated
found
excluded
of
disclaimer
the
of
and
at
would
been
clearer"
of
The
in
must
be
inventlon.
(Fed.
because
structure,
inferior,
in
"all
dlsclosed
in
making
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varaant
reach
explicit,
not
Cir.
the
2004).
(2)
and
embodaments
herein."
disclaimer
the
mere
absence
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(I)
concluded
of
Ido
Inc.,
the
No
Medrad,
discussed
was
only
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the
present
such
preferred
invention
disclaamer
22
A 0022
been
narrowed
sub3ect
reference
to
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of
the
scope
358
F.3d
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type
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say
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v.
to
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has
from
that
on
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_all
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patents
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dlsclaimer
an
to
anventlon."
such
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embodiment
went
decision
case
written
court
structure
any
that
characterized
(3)
the
SciMed
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the
how
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clear
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imagine
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that
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the
clalmed
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manner
1344.
words
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a
to
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inventlon,"
to
1343.
in
at
sleeve
invention
at
held
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was
Id.
"difflcult
does
it
Page 22 of 51
basic
present
invention
discussing
present
cases.
embodlment
906
be
_the
Id.
matter."
be
potentlal
as
the
and
structure
the
every
subsequent
matter
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unequivocal."
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element
not
defined
embodlments
"broad
subject
could
Filed 05/17/2005
herein."
structure,
of
descriptaon
of
defined
dual
133
structure
disclosed
language
the
because
lumen
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and
this
Document
found
was
used
and
an
Case 1:03-cv-01207-WLO Document 133
Liebel-Flarsheim,
embodiment
the
where
using
the
disclaimer
patent
as
physical
engagement."
being
Filtration
only
and
did
defining
Victor
Co.
(holding
of
the
F.3d
Japan
was
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merely
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see
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2004).
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reasoning
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Honeywell,
sub3ect
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direct,
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1344);
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"tenacious
The
was
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way.
an
where
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language
disclaimer
describe
bottle
embodiments.'"
298
to
example,
water
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'[the]
at
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did
Iiii,
the
all
For
in
Page 23 of 51
Id____.
at
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description
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as
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2002)
the
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another).
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to
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be
failed
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this
because
242
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to
they
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SciMed,
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must
described
the
Filed 05/17/2005
apply
to
patent.
the
Like
coaxial
or
two
possible
may
be
the
shoe.
clear
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in
dual
"all
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embodiments"
SciMed
forms:
movable
and
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where
the
it
"locked
embodiments
unequivocal
statement
the
securing
may
language
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of
lumen
of
in
exist
the
23
A 0023
in
sole
fixed
position")
cannot
be
rear
permanently
into
it
appearing
could
the
SciMed,
by
in
in
Akeva's
elther
here
presents
place
the
wearer
simultaneously.
written
appears
description
or
it
of
The
that
Case 1:03-cv-O1207-WLO Document 133
"all
embodiments
means
for
choice
of
one
present
over
the
positioned
written
invention
The
accept
not
and
include
sole
an
sole
show
a
an
mechanical
unmistakable
unqualified
from
includes
a
contains
a
plurality
a
the
the
or
shoe
shoe
of
rear
disclaimer
subject
matter
surface
a
shoe."
'300
cross
trainer
statement
appears
detachable
from
This
the
disclaimer
other
of
statements
that
is
dzsclaimer
of
at
statement
1327
about
conclusive
a
However,
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even
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the
of
other
not
invention
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be
statements
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24
A 0024
providing
be
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removable
can
envision
or
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it.
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internally
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too
rear
"was
can
33-36.
must
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attached
ii.
soles
is
is
that
6,
that
specification
or
thereby
rear
detachable.
sole.
different
sole
attachment
contemplated
these
rear
the
present
includes
having
col.
the
that
rear
"The
which
specification
(statlng
weight
[]
that
permanently
the
kit
Patent,
that
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conflgurations,
permanent
rotatable
in
mean
shoe
in
inconslstency
F.3d
to
evidence
statement:
soles
and/or
further
permanently
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for
other,
rear
include
description
invention
no
rear
description
does
written
298
the
Page 24 of 51
invention.
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a
invention"
locking
form
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thought
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sentence's
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it
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support
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supporting
the
Case
idea
1:03-cv-O1207-WLO
that
whether
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1:03-cv-01207-WLO
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coverage
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Page 38 of 51
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Page 39 of 51
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A 0039
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A 0041
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1:03-cv-01207-WLO
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plate
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Case 1:03-cv-01207-WLO
definitions
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something
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1:03-cv-01207-WLO
Therefore,
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133
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of
05/17/2005
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Page
48
toward
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toward
near
of 51
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or
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shoe."
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parties
or
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because
claim
the
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parts
_
simply
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as
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term
speclfic
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that
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kinds
the
descriptlon,
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35
components,
member[]
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or
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may
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Se____e
54-57.
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Because
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Generally,
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uses
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specification
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112
would
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adidas,
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35
undue
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U.S.C.
construction."
which
_
112
Intervet
48
A 0048
breadth,
go
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2,
Am.,
to
claim
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Inc.
validity
to
v.
Kee-Vet
Case 1:03-cv-01207-WLO
Laboratories,
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term
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is
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35
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1050,
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Case
1:03-cv-01207-WLO
Although
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if
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1
followed
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art
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given
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In
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Page 51 of 51
_secured"
used
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meaning
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CONCLUSION
For
IT
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reasons
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asserted
construction
Memorandum
This
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are
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forth
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determined
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set
scope
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forth
in
of
the
patent
by
the
parties
the
foregolng
Opinion.
the
17 _h day
of
May
2005.
_es
District
51
A 0051
Judge
for
Case
1:03-cv-01207-WLO
FOR
AKEVA
Document
141
IN THE
UNITED
STATES
THE
MIDDLE
DISTRICT
Filed 08/29/2005
DISTRICT
OF NORTH
Page
1 of 19
COURT
CAROLINA
L.L.C.,
Plaintiff,
I:03CV01207
V.
aDIDAS
AMERICA,
INC.,
Defendant.
MEMORANDUM
OSTEEN,
District
In
this
technology
of
Memorandum
Opinion
the
athletic
herein
conslders
of
Court's
its
rullng
the
of
May
of
of
Appeals
1303
(Fed.
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stated
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en
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2005).
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BACKGROUND
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ORDER
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light
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17,
2005,
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A 0052
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ordinary
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language
'471
Order,
Phillips
limit
at
the
scope
oplnion.
Teznms
disputed
this
after
ordinary
(Mem.
substantially
in
previous
discussed
Disputed
by
opinion
its
finding
in
of
description.
"directlon
to
alter
as
supported
plain
the
Construction
meaning
fully
Law
by
en
its
"secured"
remainder
patent,
court
to
occasioned
Rather,
court
Claim
The
the
Page 12 of 19
scope.
this
The
the
The
and
Circuit's
B.
in
7.)
specification
claim
the
Mem.
at
not
the
of
remains
"structure"
Matter
relterates
disavowal
Filed 08/29/2005
that
(Pl.'s
was
Federal
require
provide
Corp.
the
it
argument,
merit.
AWH
141
it.
Plaintiff's
v.
The
Because
consider
Phillips
or
Document
terms
court,
and
Phillips.
meaning
Op.
&
were
the
analysls
The
"flexible
after
Order
perpendicular"
12
A 0063
given
of
their
plaln
appears
plate"
conslderation
May
was
17,
to
2005
given
was
of
at
its
the
32.)
plain
Case 1:03-cv-01207-WLO
and
ordinary
meaning
description
and
history.
a
(Id.
back
of
meaning
the
(Id_____.
at
merely
of
as
a
the
court
the
terms,
convenient
in
composzng
was
in
Phillips.
approved
"we
op.
do
at
not
28
court
The
court
clalms
and
45,
48,
"concave,
were
all
terms
was
....oriented
given
Indeed,
whether
this
relied
heavily
not
the
plain
at
definition
ordinary
and
the
generally
toward
their
themselves
50.)
prosecution
and
issue.
should
The
apply
it
attempted
to
compose
the
on
dlctionary
in
to
use
the
dlctionary
definitions.
deflnltions
See
the
definitions
Philllps,
dictlonaries
only
The
of
nontechnlcal
Nos.
03-1269,
as
"useful"
appropriate
use
use
03-1286,
and
statlng
.
The
Ph[lllps
court
was
concerned,
however,
with
the
dictionary
because
its
are
often
of
Id_____.
at
narrowzng
them
belleves
the
analysis
quite
26.
the
warranted
It
attached
speclflcation,
expanszve
Thls
court
scope
a
and
of
more
the
and
could
appropriate
that
A 0064
give
its
terms,
such
terms
but
construction.
welght
use
the
with
several
disputed
restrictive
13
of
considered
the
of
terms
the
for
none
clalm
Patent's
preclude
breadth.
found
the
_300
written
to
beginning
arguments
terms
the
intend
deflnltions
undue
the
"element"
(descrlblng
dlctlonarles")
a
The
terms
resource
dlctzonarles
slip
of
of
Page 13 of 19
facts.
Although
construlng
the
disputed
other
in
44.)
and
of
assessment
review
assessing
meaning
parties
light
38,
shoe,"
specification.
an
limited
at
after
ordinary
after
a
Filed 08/29/2005
Document 141
of
to
the
dlctionary
Case 1:03-cv-01207-WLO
definitions
within
was
the
terms
shoe
consistent
patent.
subject
to
design,
dictionary
Document 141
and
was
with
The
terms
Filed 08/29/2005
the
at
patentee's
issue
any
unique
definitions
the
use
a
of
appropriate
and
use
here
were
in
standard
Page 14 of 19
the
of
not
the
terms
technical
field
of
athletic
Engllsh-language
helpful
in
composing
the
claim
constructions.
After
the
Claim
not
require
court
reviewing
Construction
any
its
PLAINTIFF'S
Before
Order
a
a
number
final
a
final
Mem'l
of
their
935
F.3d
505,
Procedure
interlocutory
has
v.
514-15
not
or
The
District
been
(4th
orders,
Cir.
out
but
this
rulings
entered
in
only
the
disputed
Phillips
the
Claim
terms.
The
standard
provide
14
A 0065
opinion,
Construction
Construction
Order
case,
but
is
have
the
power
the
Ass'n
2003).
any
would
Thus,
its
at
Corp.,
Canoe
and
Phillips
given.
Claim
courts
Constr.
terms,
RECONSIDERATION
of
in
that
remaining
issued
order
disputed
finds
the
PARTIAL
grounds.
American
set
on
Circuit
Mercury
(1983);
do
ruling
interlocutory
judgment
927,
constructions
FOR
ruling.
Hosp.
in
the
court
reconsideration
judgment
interlocutory
reconsider
the
prior
for
the
Order,
Federal
moved
on
patents-in-suit,
MOTION
the
Plaintiff
not
change
reaffirms
III.
the
their
case.
460
v.
U.S.
Murphy
Federal
for
they
an
to
discretion
Moses
I,
until
H.
12,
Cone
103
Farms,
Rules
S.
Inc.,
of
reconsideration
are
is
"subject
Civil
of
to
Ct.
326
Case 1:03-cv-O1207-WLO
revision
P.
any
doctrines,
evolved
to
a
end
to
the
Inc.
Cir.
entry
avoidance
v.
of
judgment."
as
the
Page 15 of 19
Fed.
("[W]here
decision,
they
R.
omitted)).
Most
on
opinzons.
Civ.
prevzously
error
F.R.D.
or
would
F.3d
at
468,
552-53
474
(3)
the
work
Md.
Unlted
statement
quotations
narrow
set
order
prlor
evidence
decislon
v.
Potter
in
the
change
that
was
of
and
intervening
injustice.
States
2003);
good
interlocutory
an
(2d
court's
orders
addltlonal
manlfest
the
interlocutory
been
Color
167
without
falrly
already
of
147,
(internal
a
favors
based
was
not
on
Se____e
Offlclal
Duke
Enerqy
Corp.,
v.
Potter,
199
in
support
of
218
F.K.D.
2001).
raises
reconsider.
has
is
or
167;
there
have
for
nor
to
an
F.3d
battled
again."
their
there
(M.D.N.C.
(D.
Pla_ntzff
recent
(2)
available;
Comm________.,
322
550,
law;
Creditors
adhered
reconsider
(I)
Unsecured
once
it
reconslder
will
that
322
case,"
operation
questions
requlred,
for
have
situations:
controlllng
clear
to
Courts
followlng
battle
courts
whlch
be
the
policy
efficient
L.L.P.,
have
neither
to
of
Lybrand,
litigants
should
permltted,
grounds
&
Comm.
of
Public
that
re-arguing
Officlal
"law
discretion.
recognizes
of
Coopers
such
court's
and
See
2003)
reason
guide
litigation
decided.
Tile,
a
the
judicial
been
to
before
Various
requires
in
time
Filed 08/29/2005
54 (b) .
have
an
at
Document 141
several
First,
it
by
the
arguments
contends
patent
that
examiner
15
A 0066
the
court
of
the
its
should
'300
motion
consider
Patent,
Case 1:03-cv-01207-WLO Document 141
stating
she
of
patent
this
statement
construed
was
related,
among
evidence
and
The
the
is
two
years
relevancy,
Inc.,
S.
of
examiner's
fixed
see
the
the
'300
cites
1340
61
(2004),
Ct.
to
(Fed.
but
statements
patentee's
Id.
statement
it
used
at
the
Microsoft
to
patent
as
these
1349-50.
broaden
a
the
is
In
v.
cert.
of
16
A 0067
at
on
1583
which
examiner
of
nearly
for
Multl-Tech
Systems,
U.S.
dld
not
rely
Rather,
it
how
it
,
on
relied
understood
narrow
attempts
its
the
made
patent
arguing
to
Akeva
scope
Texas
denied,
statements
the
F.3d
record
examiner.
Here,
Patent.
granted.
90
court
evidence
as
'300
different
Corp.
2004),
the
statement
patent
issued.
Cir.
statements
and
claims.
by
extrinsic
constitute
a
the
be
court.
patent
of
Microsoft
is
to
claim,
prosecution
to
Defendant
history
Here,
Patent
but
this
Vitronics,
file
patentee's
later,
examiner's
the
also
rely.").
the
extrinslc
when
and
the
to
is
This
available.
by
the
it
1202;
of
F.3d
invention,
the
consider
during
after
subsequent
the
not
a
statement
considered
specification,
Akeva
357
be
at
entitled
statement
own
F.3d
of
considers
this
prosecution
meaning.
previously
that
because
record
the
not
Page 16 of 19
the
ordinary
Plaintiff
was
is
and
during
prosecution
not
record
public
public
on
will
claims,
plain
things,
should
308
"secured"
the
that
evidence
Diqital,
its
during
other
intrinsic
term
Presumably,
court
additional
125
made
evidence
argues,
("The
have
patent.
additional
The
to
the
Filed 08/29/2005
clalms,
the
to
its
meaning
use
a
the
Case 1:03-cv°O1207-WLO
proposition
Chimie
a
unsupported
v.
("The
PPG
is
during
of
to
Inc.,
'exclude
any
prosecution.'")
F.2d
examiner's
statement
notion
that
analysis.
Plaintiff
recognlze
certazn
incorrectly
to
rise
Akeva
cites
Order,
other
references
Akeva's
arguments
2 The
unhelpful
the
the
3 The
argument
is that
the
dlscloses
two
inventlons:
the
disclaimed
Resuscitator
such,
the
"clear
patent
on
failed
to
possible
if
the
quite
of
court.
errors
vague.
rear
of
analysis
would
be
The
assertion
the
'300
sole
the
3
examiner
of "secured,"
meaning"
was.
closest
to an
to understand
do
Construction
considered,
meaning
"ordinary
claimed
errors
Many
Claim
to
or
asserted
the
the
construction
either
error."
in
even
is
grounded
claim
The
most,
it
comes
failed
2005)
construing
speclfications
available
statement,
that
court
As
its
patent
were
because
in
was
also
Cir.
Cardiac
court
discussed
states
that
she
used
the
ordznary
does
not
elaborate
on what
this
error
in
the
of
at
See
(Fed.
arguments
inventions.
out,
court
v.
1988).
error
level
1384
2
considered.
that
were
point
examiner's
to
be
cites.
that
Cir.
Page 17 of 19
history
Corp.
several
the
the
1371,
ZMI
(Fed.
of
references
and
prosecution
contends
to
Akeva
the
not
aspects
law
F.3d
committed
understood
appear
case
402
advances
court
Filed 08/29/2005
interpretatlon
1580
will
next
the
141
(quoting
1576,
Plaintiff
the
consulting
Co__q/2__.,844
not
by
Indus.,
purpose
claim
Document
and
but
she
of clear
Patent
the
claimed
flexible
plate.
The
court
disagrees
with
Akeva's
notzon,
although
the
difference
may
be one
of pure
semantlcs.
In the
court's
opinion,
the
'300
Patent
discloses
a single
invention,
which
zs a shoe
with
two
features,
a rear
sole
and
a flexible
plate
(with
characterlstlcs
as
claimed).
17
A 0068
Case 1:03-cv-01207-WLO
which
the
are
better
parties
the
court
IV.
reargue
to
on
claim
Plaintiff
to
declines
addressed
to
Because
Document
has
reconsider
appeal.
not
its
Filed 08/29/2005
The
construction.
the
reconsider
141
court
Page 18 of 19
will
not
allow
4
advanced
any
situation
Claim
Construction
opinion
further.
compelling
Order,
the
court
CONCLUSION
For
the
IT
light
IS
of
Co___.,
an
the
constructions
reasons
ORDERED
set
that
in
reconsideration
change
reaffirms
the
above,
after
intervening
court
forth
in
its
Memorandum
the
law
of
in
its
ruling
Phillips
analysis
and
the
Opinion
and
Order
in
v.
AWH
May
17,
claim
of
2005;
IT
IS
Reconsideration
FURTHER
ORDERED
of
the
that
Court's
Plaintiffs'
Claim
Motion
Construction
for
Partlal
Order
[135]
is
DENIED.
4 It may
be helpful
for
the
court
to address
one
argument
made
by
Plaintiff
contending
the
court
failed
to recognize
an
embodiment
in which
part
of
the
rear
sole
is permanently
flxed
place
and
part
is rotatable
or adjustable.
This
embodiment
is
not
excluded
from
the
court's
construction
of "secured"
as used
in the
'300
Patent.
The
court
construed
the
term
to mean
that
rear
sole
"secured"
is one
that
is "selectively
or permanently
fastened,
but
not
permanently
fixed
in positlon."
(Mem.
Op.
&
Order
of May
17,
2005
at 25.)
A rear
sole
in which
only
one
portion
(e.g.,
the
periphery
of the
sole)
can
be
rotated,
moved,
removed,
within
not
be
or similarly
physically
adjusted
could
be encompassed
this
definition
because
the
rear
sole,
as a whole,
would
permanently
fixed
in position.
The
court
declines
to
adjust
its
construction
on
this
ground.
18
A 0069
in
a
Case
1:03-cv-O1207-WLO
This
the
26 _h day
Document
of
August
141
Filed 08/29/2005
Page 19 of 19
2005.
_United
19
A 0070
States
District
Judge
Case
1:03-cv-O1207-WLO
Document
IN THE UNITED
FOR
Akeva
THE MIDDLE
145
STATES
DISTRICT
Filed 10/28/2005
DISTRICT
Page
1 of 2
COURT
OF NORTH
CAROLINA
L.L.C.,
Plaintiff,
V.
1:03-CV-01207
Adidas
America,
Inc,
Defendant.
FINAL
WHEREAS,
in this action
terms
in claims
93, 94, 100-106,
Patent
Number
6,604,300
its Order
dated May
WHEREAS,
term "secured"
construchon
indirectly
17, 2005 ("Claim
of"secured,"
Akeva
WHEREAS,
defendant
any of the Asserted
of equivalents;
AND JUDGMENT
infringement,
109, 117, 118, 121-154,
1-32 ofU
L.L.C.
the Court has construed
192-194,
204-232
S Patent No. 6,662,471
Construction
m the Claim Construction
infringe
doctrine
for patent
and claims
plaintiff
ORDER
disputes
("Asserted
the Court's
Order, but Akeva concedes
America,
Claims
of United
States
Claims")
Inc. ("adidas")
of the patents
construction
of the
that, under the Court's
does not &rectly
m suit, elther literally
or
or under the
and
the parties
agree that Akeva
m
Order"),
("Akeva")
adidas
the disputed
has preserved
Judgment;
A 0071
its rights to appeal
from this
Case
1:03-cv-01207-WLO
It is hereby
shall be and hereby
ORDERED
is entered
Document
145
that final judgment
in favor of adidas,
This the 28th day of October
Filed
10/28/2005
of noninfringement
of the Asserted
and Akeva shall take nothing
2005.
(._mted
A 0072
States District
Page 2 of 2
Judge
Claims
from adidas.
)
llll[l$111lllllll[]l[llnllllllllllll $1
I
,J
US906(_4-300l_2
(12)United
'
States
Patent
Patent
(10)
Meschan
(45) Date
No.:
6,604,300
US
of Patent:
*Aug.
B2
12, 2003
i
(54)
ATHLETIC
(75)
SHOE
Inventor:
David
WITH
IMPROVED
F. Meschan,
SOLE
Greensboro, NC
(US)
221,592
A
11/1879
MttcbeB
485,813
537,492
652,887
A
A
A
11/1892
4/1895
7/1900
Hooper
Smith
Butterfidd
et al
continued
on next
i
(73)
Assignee
Akevn
L.L.C.,
( *)
Notice
Subject
Greensboro,
(List
NC (US)
FOREIGN
to any dmclaimet,
PATENT
DOCUMENTS
the term of tl_s
patent ts extended
or adjusted
U S C. 154(b) by 0 days
under
CH
DE
DE
DE
DE
t5
Thin patent _s subject to a terminal dmclatmer
434
648
693
947
2 154
029
339
394
054
951
10/1967
11193'7
7/1940
7/1956
5/1973
(Listcontinued on next
(21)
Appl
No
(22) Filed
l
page
Dec.
Prior
US 2002_116842
)
t
10/007,535
OTHER
,(65)
page)
PUBLICATIONS
4, 2001
Publication
AI Aug
Expert
2002
Data
29, 2002
"New
Declaranon
Footwear
of
Jerry
D
Concepts"
Stubblefield
by E I
du Pont
dated
Jul
de Nemouts
30,
&
Co (1988)
Related
U.S.
Application
Data
(LLst commued
(63)
,
Continuation
of apphcaUon No 091641,148, filed on Aug
17, 2000, now Pat No 6,324,772,
wMch _ a contmu_hon
of apphcahon No 09/512,433,filedon Feb 25, 2000, now
Pat No 6,195.016,which is a contmuatmn of apphcatton
No 09/313,667, filedon May 18, 1999, now Pat No
6,050,002, which ,_ a continuationof apphcatmn No
08/723,857,filedon Sep 30, 1996,now Pat.No 5,918,384,
which i_ a coatmunt.toa-_-part
of applicationNo 08/291,
945, filed on Aug 17, 1994, now PaL No 5,560,125, whmh
ts a contmuattoa-m-part of apphcatJon 'Nb" 08/108,065, filed
on Aug 17, 1993, now Pat No 5,615,49"7
(51)
Int.
(52)
U.S.
(58)
Field
Cl:
.
. A43B
CI.
21/32,
36/25
of Search
A43B
13/48
25 R, 15,
36/10o,
l& 103,,2;31,35R,35B,27,
28
(56)
References
U S
48,682
A
PATENT
(57)
D Patterson
or Firm---Martin
)
& Fen-am,
support
regina
and above
at least
a portion
Haywafd
perpendicular
el el.
Claims,
239
27 D_awlng
651
/
'
of the sole
The flexible
member
has a top surface,
a bottom
surface, a
peripheral pomon,
and an mtcrmc
portmn
The interior
potuoa of the flcmble member deflectsm use m a dlxcctton
substanually
perpendicular
to a major
longitudinal
axes of
the shoe
At least
a portion
of the peripheral
portion
m
restrained
from movement
relativeto the mtenor
portmn
m
to the
DOCUMENTS
7/1865
LLP
ABSTRACT
a direction
substanhally
tudinal axes of the shoc
Cited
page
A shoe has an upper, a fool support region positioned
below
at Least a portma
of the upper
to support
the bottom
of a
user's foot, a sole secured below the foot support
region, and
a flexible
member
posmoncd
below at least a portion of the
foot
R, 36/37,
36/7.8,
36/27,
36/35 R
36/37,
Primary
Exarruner---M
(74) Attorney,
Agent,
on next
A 0095
Sheets
major
longi-
US 6,604,300 B2
Page
U S PATENT
674,636
789,089
A
A
5/1901
5/1905
818,861
A
990,458
A
1,046,815
A
1,062,338
A
1,112,635
A
1,316,505
A
1,318,247
A
1,346,841
A
1,366,601
A
I,371,339
A
1,410,064 A
1,439,757 A
1,439,758
A
1,444,677
A
1,458,257
A
4/1906
4/1911
12/1912
5/1R13
10/1914
5/1919
10/1919
7/1920
1/1921
3/1921
3/1922
12/1922
12/1922
2/1923
6/1923
1,479,773
A
1,501,765
A
1,516,384
A
1,542,174
A
1,611,024
A
1,721,714
A
1,811,641
A
2,002,08"7 A
2,003,64.6
A
2,087,311 A
2,119,807
A
2,148,974
A
2,208,260
A
2,288,168 A
2,300,635
A
2,374,954
A
2,446,627
A
2,491,2.80
A
2,500,302
A
2,540,449
A
2,556,842
A
2,607,134
A
2,628,439
A
2,707,341
A
2,745,197
A
2,806,302
A
2,998,661
A
3,083,478
A
3,085,359
A
3,087,265
A
3,169,327
A
3,]71,218
A
3,208,163
A
3,237,321
A
3,271,885
A
3,318,025
A
3,455,038
A
3,478,447
A
3,514,879
A
3,566,489
A
3,593,436
A
3,646,497
A
3,664,041
A
3,775,874
A
3,782,010
A
3,804,099
A
3,928,881 A
3,988,840
A
4,043,058
A
4,062,132
A
4,067,123
A
4,098,01l
A
4,102,061
A
2
DOCUMENTS
Priestmaa
Frank
Beck et al,
Schol|
Lavote
Kaae
May
O°Nedl
Victor
Paddan
Sellars
A_tz el al
Hunt
Redman
R.edman
Ftschel
,
Van Melle
4,168,5..85 A
4,214,_84
A
4,224,749, A
9/1979
7/1980
9/1980
Olelchner
Goazalez
Dtaz-C.aao
4,258,480
4,262,434
4,263,728
_,,267,650
A
A
A
A
3/1981
4/1981
4/1981
5/1981
Famolare,
Mtchelottt
Frecentese
Bauer
42.88,929
A
4,320,588A
4,322,894
A
4,322,895
A
4,342,158
A
4,363,1_77 A
9/1981
3/1982
4/1982
4/1982
8/1982
12/1982
4,372,058
A
4,377,042
A
4,378,643
A
4,391,048
A
4,393,605
A
4,414,763
A
4,429,474 A
4,449,307
A
4,455,765
A
4,455,'166 A
4,486,954
A
4,510,700
A
4,530,173
A
4._3_,124 A
4,541,185 A
4,546,556
A
4,550,510
A
4..561,195
A
4,598,487
A
4,606,139
A
4,608,768
A
4,610,100 A
4,622,764 A
4,638,575
A
4p642,917
A
4,680_76 A
, 4,706,392
A
4,709,4,89
A
4,712,314
A
4,741,114
A
4,745,693
A
4,756_095
A
4,770,109
A
,4,778,717
A
4,785,557
A
4,811,500
A
4,815,221
A
4,8.43,737 A
4,845,863
A
4,866,861
A
4,875,300
A
4,878,300
A
4,879,821
A
4,881,329 A
4,887,.'367 A
4,936,018
A
4,979,319
A
4,995,173
A
5,005,300
A
5,014,449
A
R.E33,64.8 E
5,052,130
A
5,070,629
A
5,083,385
A
5,086,574
A
5,092,060
A
5,179,791
A
5,185,943
A
1/1924
Ctal 8
7/1924
Free.an
11/'1924 Kamada
6/1925
Robtdoux
12/1926
Gfimsldt
7/1929
Rosa
6/1931
Marcellc
5/1935
Estates
6/1935
De Blaslo
411937 BOag
6/1938
Farley
2/1939
Wysowsla
7/1940
Hayden
6/1942 l_u
IU1942
Shepherd
5/1945
Pipttone
8/1948
Bier
12/1949
Roth
3/1950
Vicente
2/1951
Kaufmann
611951 Cnlmour
8/1952
Langer
2/1953
gochhn
5/1955
ROmano
5/1956
Holt
9/1957
Shatpe
9/1961
Isre.el
4/L963
Ralo_
4/1963
Rubens
4/1963
Mcl_aley
2/1965
Fttkuoka
3/1965
D'Urbano
9/1965
Rubens
3/1966
McKinley
9/1966
McAuhffe
5/1967
Anteto
7/1969
Knsdan
11/1969
Gdead
6/1970
Frattallone
3/1971
Morley
7/1971
Vietaa
2/1972
Gillflan
5/1972
FrattaUone
12/1973
BOnnevdle
1./1974 Frattallone
4/1974
Hall
12/1975 Be.ate
11/1976
Mmthanc
8/1977
Hollmter et al
12/1977
Kl_wska
1/]978
Mlmhane
7/1978
Bowctmaa
7/1978
Saanslo
A 0096
Jr
Norton et al
SoRolana
Dykes
Hockersoa
McMahon
et al
Boros
2/1983
Stubblefield
3/1983
Bauer
4/1983 ' Johnson
7/1983
Lutz
711983
Spreng
11/1983
Bente
2/1984
Metro
5/1984
Stubblefield
6/1984
Sjosward
6/1984
Rubens
12/1984
Ruby
4/1985
Brown
7/1985
Jestasky, If.
8/1985
Schnell
9/1985
t_ou
10/1985
Stubblefield
11/1985
Stubblefield
12,/1985 Onoda et al
7/1986
M_evtch
8/1986
Salver
9/1986
Cavanagh
911986
P,hodc.s
11/1986
Bouler
1/1987
[llusUato
2/1987
Ungar
711987
Pang
11/1987 Yang
12/1987
Welter
12/1987
Sl8oloff
5/1988
St'ubblefield
5/1988
Brown
7/1988
Lak_c
10/1988
Sact_
10/1988
F'itclunun
11/1988
Kelley e_ al
311989
Maccano
3/1989
Dza.z
711989
Vorderer
7/1989
Yung-Man
9/1989
Noone
10/1989
Kaz2
tl/1989
Bogaty
11/1989
Graham et al
ll/1989
Crowley
12/1989
Mackness
et al
6/1990
Posactn
]2/1990
Hayes
2/1991
Spter
4/1991
Dtaz et al
5/1991
Richard e_al
7/199]
Brown
10/1991
Barry et al
12/1991
Graham ct al
]/1992
Haltord
2/1992
Bacchtoccht
3/1992
Frachcy et al
1/1993
Lam
2/1993
Tong et al
US '6,604,300
B2
Page 3
_,191,727
5,197,206
5,224,277
52.55,451
5,319,866
A
A
A
A
A
.5,325,611
A
5,343,639
A
5,353,523
A
5,367,792
A
5,381,608
A
5,402,588
A
5,425,184 A
5,469,638 A
5,522,,842
A
5,560,126
A
5,615,497
A
5,722,186
A
5,806,210 A
5,829,172 A
FOREIGN
DE
FR
OB
GB
OB
OB
, GB
GB
3/1993
3/1993
7/1993
10/1993
6/1994
Ban',/et al
Shorten
Sang Do
Tong et el.
Foley et al
Jp
jp
Jp
7/1994
9/1994
10/1994
11/1994
1/1995
411995
6/1995
1111995
6/1996
10/1996
4/1997
3/1998
9/1998
11/1998
Dyer et el
]QJgore et al
Ydlgore et al
Richard et Ell
Clavena
Graham et al
Lyden et ai
Crawford, Ill
Ricer et at
Meschan el a!
Meschan
Brown
Me.sclaaa
Kaneko
Etoni Spnng
PATENT
2, 742 138
533 972
25 728
63342
83 342
229 884
I 5443926
2 144 024
DOCUMENTS
311979
3/1922
1111909
2/1911
2/1911
3/1924
2/1979
2/1985
'
62-41601
62-2OO9O4
5-18965
10/1987
12/1987
5/1993
OTHER
PUBLICATIONS
1996 Footwear
catalogue
luteruataooalSearch Report for intemat,onal Apphcatton
PCT/US94/09001
dated Jan 2, 1995
Mlzuno
Sport Shoe Catalog (1986)
Etomc Spnng Sport Shoe Catalog, p 4, (1993)
Declarahon of Takaya Kamura (C,vxlAction File No
CV
1 DO,
00978)
Mizuno
1985
Sports
Shoe
catalog
excerpts
(MIZIP
0254---02531)
M,zuno
1986 Sports Shoe
catalog excerpts (MIZ_JP
02532---02537)
Mtzuno 1987 Athletic Footwear catalog excerpts (MIZIP
02538---02546)
Mzzuno
1988 Athletic
02547-492549)
Mlzuno
1991
All
Footwear
Line-Up
catalog
catalog
excerpts
(MIZJP
excerpts
(M1ZJP
0255O-02556)
Mtzuuo
1992
Run-Bird
All
Lme-Up
cataLog excerpts
0vlIZJP 02557--02559)
M1zuno
1993
02560--.02564)
A 0097
All-Lmc-Up
catalog
excerpts
(MIZJP
U.S.
Patent
Aug. 12, 2003
Sheet
1 of 27
US
i
4O
loo\
156
120
8O
160
FIG. 1
'
A 0098
6,604,300
B2
US
"[L]oS.
Patent
Aug. 1.2, 2003
Sheet
2 of 27
FIG. 2
A 0099
6,604,300
B2
_L
U.S. Patent
Sheet 3 of 27
Aug. 12, 2003
US 6,604,300
\
24O
244
246
248
200
0
418
416
400
412
\
414
414
414
254
2
/
FIG. 3
'
A 0100
B2
U.S. Patent
Sheet 4 of 27
Aug. 12, 2003
US
6,604,300
502
500
FIG. 4
A0101
B2
U.S. Patent
Aug. 12, 2003
Sheet 5 of 27
i
g
,J
512
\,
/
i
/ /
'/'
514
P
510
FIG. 5
A 0102
US 6,604,300
B2
U.S. Patent
Aug.
12, 2003
Sheet
6 of 27
i
52O
524
522
FIG. 6
A 0103
US 6,'604,300
B2
U.S. Patent
Aug. 12, 2003
Sheet 7 of 27
US
6,604,300
q,
i
530
FIG. 7
A 0104
B2
U.S.
Patent
Aug. 12, 2003
Sheet
8 of 27
US
6;604,300
i
542
54O
546
542
FIG. 8
,
A 0105
B2
U.S. Patent
Aug.
Sheet
12, 2003
9 of 27
US 6,'604,300 B2
552
55O
544,
546
542
CrG. 9
A 0106
U.S.
Patent
Sheet
Aug. 12, 2003
10 of 27
US 6,604,300
'560
566
562
FIG.
10
A 0107
B2
U.S. Patent
Aug. 12, 2003
570
l
Sheet 11 of 27
US 6,'604,300 B2
574
578
576
572
FIG. 11
A 0108
U.S.
Patent
Aug. 12, 2003
i
Sheet 12 of 27
US 6,604,300
i
i
560
566
58O
FIG. 12
A 0109
B2
U.S. Patent
Aug. 12, 2003
Sheet 13 of 27
i
,i
585
FIG. 13
A 0110
US 6,604,300
B2
U.S. Patent
Aug. 12, 2003
Sheet
14 of 27
US 6,604,300
t
Ill,
I
\
\
/
590
FIG. 14
,
A 0111
B2
i
U.S. Patent
Sheet 15 of 27
Aug. 12, 2003
US 6,604,300
tl
I
600
/
6,04
6O2
FIG. 15
A0112
B2
,U.S. Patent
Aug. 12, 2003
Sheet 16 of 27
US 6,604,300
t
Cab
i
a
610
/
606
604
602
FIG. 16
'
A0113
B2
U.S. Patent
Aug.
12, 2003
Sheet
17 of 27
'
US
61604,300
620
/
608
602
)
604
606
FI('_. 17
,
A0114
B2
U.S. Patent
Aug. 12, 2003
Sheet
18 of 27
US
6,604,300
i
6O8
602
604
606
FIG. 17A
A0115
B2
U.S. Patent
Aug. 12, 2003
Sheet
US 6,604,300
19 of 27
650
--_
-\
"°
\
•
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•
\
FIG. 18
'
A 0116
B2
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............................
U.S. Patent
Aug.
12, 2003
Sheet
20 of 27
a
a
i,
142
t
FIG. 19
A0117
US
6,604,300
B2
i
..................................
U.S.
Patent
Aug. 12, 2003
Sheet
21 of 27
US
6,604,300
i
120
44O
-260
FIG. 20
A0118
B2
I
UoS. Patent
Aug. 12, 2003
Sheet 22 of 27
US 6,604,300
'
a
i
/_
"-448
""452
447_/Z-___.___,.._
FIGo 21
e
447
444
FIGo 22
'
A0119
B2
"r
U.S. Patent
Aug. 12, 2003
Sheet
23 of 27
US
12(
./460
464
360
FIG. 23
A 0120
6,604,300
B2
i
U.S. Fatent
Aug. 12, 2003
Sheet 24 of 27
'
US
6,'604,300
_2
i
III.
720
464
FIG_ 24
A0121
I
+
U.S. Patent
Aug. 12, 2003
Sheet
25 of 27
'
US 6,(i04,300 B2
i
lit-
750
756
756
756
FIG. 25
A 0122
754
-"
U.So Patent
•
I .........
Aug. 12, 2003
Sheet
US 6,604,300
26 of 27
750
.----
_.--....
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FIG. 26
A 0123
752
B2
.....
7 .......
-I
..................
U.S. Patent
Aug. 12, 2003
Sheet
27 of 27
,
tg3
\
/
V"
,
A 0124
US
6,'604,300
B2
US 6,604,300
B'2
1
ATHLETIC
2
SHOE WITH IMPROVED
SOLE
.
heel of a shoe to their own body weight, personal preference,
or need They are "stuck" wxth whatever a manufacturer
happens to provide in their shoe size
Thks is a continuation of application Ser No. 09/641,148,
filed Aug 17, 2000, now U.S Pat. No. 6,324,772, which is
Finally, _ere appear to be relatwdy few, tf afiy, footwear
a continuation of application Set. No. 09/512,433, filed Feb
5 options available In those persons suttedng from foot or leg
25, 2000, now U.S. Pat. No. 6,195,916, which is a continuirregularities,
foot or leg injuries, and legs of d_erent
ation of application Ser No. 09/313,667, filed May 18, 1999,
lengths, among other things, where there xs a need for the left
now U S Pat. No 6,050,002, whach ks a continuation
of
and right rear soles to be of a different height and/or dflferent
application Ser No 08/723,857, filed Sop 30, 1996, now
cushioning
or spring properties Presently, such options
U S. Pat No 5,918,384, _,h_ch is a CIP of 08/291,945, filed 10 appear to include only custom-made shoes that are prohiblAug 17, 1994, now U.S. Pat. No 5',560,126, winch ksa CIP
lovely expenswe and rendered useless if the person's conof 08/108,065,
filed Aug ' 17, _993, now U.S. Pat No
dition improves or deteriorates
5,615,497, all of which are incorporated herem by reference
_UMMARY
OF THE INVENTION
BACKGROUND
OF THE INVENTION
15
The present invention xs directed to a shoe that substan1 Field of the Invention
taally obviates one or more of the problems due to hmitauous
The present mvenuon relates generally to an unproved
and disadvantages
of the related art
rear sole for footwear and, more particularly, to a rear sole
Addllaonal features and advantages of the mventaon will
for an athleUc shoe with an extended and more versaule hfe
20 be set forth in the descnptaon which follows, and m part wall
and better performance
m terms of cushioning and spnng
be apparent from the desoriptton, or may be learned by
2 Dkscussion of the Related Art
practice of the mvenuoo
The objecuves and other advanAthletic shoes, such as those designed for running, tennks,
tages of the invention _
be reahzed and auamed by the
basketball, cross-training,
htldng, walking, and other forms
shoes and shoe systems part_colarly pointed out in the
of exerckse, typically include a laminated sole attached to a
25 written de_npuon
and claims, as well as the appended
soft and phobic upper The laminated sole generally includes
drawings
a resilient rubber outsole attaclaed to a more resihent tmdsole
To achieve these and other advantages and m accordance
usually made of polyurethane, ethylene vinyl acetate (EVA),
wuh the purpose of the invention, as embodied and broadly
or a rubber compound When laminated, the sole is attached
described herein, the shoe includes an upper having a heel
to the upper as a one-piece structure, wath the rear sole being
30 regmn, a rear sole secured below the heel region of the
integral wRh the forward sole
upper, and a rear sole support attached to the upper and
One of the principal problems associated with athletac
configured to secure the rear sole below the heel region of
shoes ks out.sole wear. A user rarely has a choice of rummng
the upper The rear sole support includes a flexible regaon
surfaces, and asphalt and other abrasive surfaces take a
positioned below the heel reDon of the upper and above a
tremendous toll on the outsole Thus problem ks exacerbated
35 portion'of
the rear sole The flexible region ts sufficiently
by the fact that most pronounced out.sole wear, on runmng
stiff to support a user whale still being sufficaently flexible to
shoes m particular, occurs pnncapally m two places" the
flex and spnng when the user runs or walks vigorously The
outer periphery of the heel and the ball of the foot, with
flexible'regaon
has an mtenor portion whach m its normal
peripheral heel wear being, by far, a more acute problem In
unfiexed state ks spaced upwardly from the portion of thy
fact, the heel typically wears out much faster than the rest of
4o rear sole lt_mediately below said interior porUon, the rotea running shoe, thus requLrmg replacement of the entire shoe
dot portion being adapted to flex m a direcUon substantially
even though the bulk of the shoe us still m satisfactory
perpendicular to the major longituchnal axis of the shoe as it
condttion
ks used
Mldsole compreaslon, partacularly m the case of athlenc
The m_:nor portion of the flexable reg_on preferably us
shoes, us another acute problem. As previously noted, the
45 elevated relative to _ts peripheral portionm a dtrectmn
mLdsole ts generaUy made of a resthent matena.l to provide
toward the heel region of the upper In certain embodiments
cushtomng
for the user However, after repeated use, the
the flexable region us an integral part of the rear sole support
mid.sole becomes compressed due to the large forces exerted
The rear sole support may include an integral arch extension
on it, thereby causing it to lose its cushioning effect Mldsoie
exlendlng below the upper from a potation proximate the
compression is the worst m the heel area., including the area
50 heel region of the upper through a substantial portion of the
chrecfly under the user's heel bone and the area d_rectly
arch region of the upper to support the arch regaon
above the peripheral outsole wear spot.
It ks to be understood
that both the foregoing general
Despite technological
advancements m recent years to
descnptaon and the following detailed description are exemm)dsole design and construction,
the benefits of such
plary and explanatory only and are not restrictwe of the
advancements can still be largely negated, pamcularly m the 55
invention, as cla_med
heel area, by two months of regular use The problems
The accompanying
drawings, w_ch are incorporated m
become costlyfortheusersinceathleucshoesarebecoming
and constitute a part of this spec_ficataon, illustrate several
more expensiveeach year,wlthsome top-ofqhe-Rne
models
embodiments
of the invention
and together
w_th the
pricedatover$150 00 a parrBy contrast,
with dressshoes,
whose heelscan be replacedatnominalcostover and over 60 descriptmn, serve to explain the principles of the mvenuon
again,theheelarea(midsoleand outsole)
of conventmnal
BRIEF DESCRIPTION
OF THE DRAWINGS
athletic shoes cannot be To date, there is nothing m the art
that successfully
addresses the problem of mtdsole comFIG 1 ks an ksometnc view of an embodmaent of the shoe
pression in athletic shoes, and this problem
cially severe m the heel area of such shoes
Another
problem
is that purchasers
letic shoes cannot customize
remains espe-
of conveauonal
the cusl_onmg
of the present mvenuon
65
ath-
or spring m the
FIG 2 ts an exploded isometric view of a rear sole
support, flexible member, and rear sole for the shoe of FIG
1
A 0125
US 6,604,300B2
'
l
3
4
FIG. 3 ts an exploded isometric view of anotllerembochment of a rear sole support, flexiblemember, and rear sole
"'for uale in the shoe of the present invention
FIGS
member
invention.
FIG
4-18
are /sometnc
views
of exemplary
flemble
embodxmenls
for use tn the shoe of the present
19 is an tsomelf/c
view
of another
embodunent
of a
region: As shown in FIG
2, mar sole support 140 may
. include an upwardly extending wall 142, referredto as a heel
counter, that surrounds the periphery of the heel region of
upper 120 to provide lateralstabilization.
Wall 142 preferably surrounds
the rear and aides of upper 120 proximate
the
s
heel region and in service supports
and stabilizes
the user's
heel as he or she runs Rear sole support 140 also includes
a downwardly extending side wail 144 thatdefines a recess
146 sized to receive a portion of rearsole 150, preferably a
FIG
20 ks an _sometric
view of another
embodwnenl
of 10 rear sole which ts removable and rotatableto several prethe shoe of the present invention
determined positions Wall 144 shown in FIG 2 isgenerally
c_cular and securely contains and holds rear sole 150 A
FIGS 21 and 22 are isometric views of a rearsolesupport
for the shoe of FIG 20
plurahty of openings 145 _s formed m wall 144 to facilitate
securement of rearsole 150 to rearsole support 140 The'
FIG 23 us an isometric vrew of another embodiment of
the shoe of the present
mvenuon
Is components of rear sole support 140 are preferably made
integral through injection molding or other conventmnal
FIG 24 us an usometnc
vrew of a rear sole support
for the
techmqucs and are preferably composed of plastlc,such as
shoe of FIG 23
a durable plastlcmanufactured under the n,_ne PEBAX
It
FIG 25 is a side elevation
'clew of a securing
member
for
ts further contemplated that the rear sole support can be
use m the shoe of the present
mvcnUon
2o made from a vanety of materials,including without hm.ltaFIG
26 is a partml
cut-away
isometric
vlew
of the
tlon other mjectmn-molded
thermoplasuc engineering ressecunng
member
of FIG 25
ins
FIGS
2"/-29' are views of a rear sole for use m the shoe
As shown m FIGS
I and 2, rear sole supporl 140 may
rear sole
'
t
support
of the present
for _
In the shoe
of the present
invention
mventlon
include an arch extension or support 180 to provide a firm
25
DESCRIPTION
Reference
will
OF THE
EMBODIMENTS
now
preferred
embodiments
are tI1ustrate, d to the
po_le,
out the
FIG
be
made
PREFERRED
m
the same reference
characters
drawings
to refer to the same
1 dlustrates
detail
to
of the mventmn,
examples
aocompanymg
drawings
a first
embodimcm,
the
present
of whlch
Wherever
will be used throughor hke parts
of, the shoe
of
the
present
mvenuon
The shoe,
demtgnated
generally
as 100,
has a shoc upper 1.20, rear sole support 140, a rear sole 150,
and a forward
sole 160 Shoe
100 also preferably
mcludc.s a
flexible
member
200 (FIG
2) posiuoned
between
rear sole
150 and a heel region
of upper
120 The flexible
member
provldcs spring to the user's gait cycle upon heel stoke and
reduces or criminates interiorrear mldsole compre_mn
in
that it ts more durable than conventional mtdsolc material
30
support for the arch of the foot and to aIle,natepotential
guppmg
problems where sole support wall 144 would be
adjacent
forward
sole 160. Arch
extensmn
180 generally
extends
below upper
120 from the forward
portion of stde
wall 144, through the arch regton It may extend as far as the
ball of the foot It ts attached to upper 120 and forward sole
160 by gluing or other convenUonal
methods
Arch extension 180 may be composed
of the same material
as the rear
sole support
and made integral
w'tth rear sole support
140 by
mjectmn moldmg. Alternauvely, ttmay be made of the same
35 or a dtfferenlsurf but flex_le material (such as carbon or
4O
fiberglass ribbons m a resin binder) and glued to rear sole
support 140. Such one-piece construction of the arch extenstun together
with the rear sole support solves another major
problem, namely the tendency of an athleticshoe of conventional
remhent
material
m the arch area to curl at the
juncture of the substantiallyngzd rearsole support wtth the
resthent forward sole
Upper 120 may be composed
of a soft, phable material
Shoe 100 also includes a rearsole 150 thatm detachably
that covers the top and sides of the user's foot during use
secured to and/or rotatablyposltmmble relativeto rearsole
Leather, nylon, and other syntheUcs are examples of the 4s support 140 Rear sole 150, as shown m FIG I, includes a
various types of matenals known m the artfor shoe uppem
rubber ground-engagmg
outso_e 154 containing a planar
The parucular construcaon of the upper ts not cnucal to the
area and three beveled segments
or portions
that soften heel
shoe of the present invention.
It may even be constructed
as
stoke
dunng
use
As shown,
the beveled
segments
or
a sandal or may be made of molded plastic,
integral w'tth the
portions
formed on the outsole
have the same shape and
rear sole support, as m the case of sin boots or miler blade 50 configuratmn
and are posiUooed
symmetrically
about the
uppers
Forward sole 160 ts attached to upper 120 m a conven-
periphery of the outslde and preferably symmetrically poslUoued
about the center of rear sole 150
As explained
m
tional manner, typically by rejection molding, stitching,or
more
dctad,
rear
sole
150
and the attachment
features
that
permtl
rear sole 150 to be placed
and locked
into thfferent
gluing Forward sole 160 typlcslly includes two layers an
elastomenc mldsole laminated to an abrsston-resmtant out- 55 pontoons
relative
to rear sole support
140 are designed
and
sole The partlcularconstruchon of the forward sole is not
cnhcal to the mvenaon
and various con.figurations
may be
used For example, the mtdsole may be composed of mate-
configured so that one symmetrically located beveled portion can be moved intothe posaton previously occupied by
hal such as polyurethane or ethylene vinyl acetate (EVA)
poruons begins to wear, rearsole 150 can be reposmoncd
another beveled ponlon
As a rcsuh, as one of the beveled
to
and may include air bladders or gel.filledtubes encased 6o place an unworn beveled poruon m the area of the shoe
thereto,and the outsole may be composed of, by means of
where
there ts greater wear for a paxucular
user
By penexample only, an abrasmn-res).stantrubber compound
Rear sole support 140 Is also attached to the heel region
odlcaUy
poruon
altenng
ts badly
the position
worn,
(or
of the sole before
any beveled
any mtdsole
matenal
directly
above the bevel m badly compressed)
the life and effectiveof upper 120 in a conventional manner, such as mlccUon
molding, stltchmg, or gluing Rear sole support 140 us 65 hess of the rear sole,and the enure shoe, can be slgntficanfly
lucreascd Moreover, aftera'g_ven rearsole wears beyond tts
substanhally rigid and ts configured to stabthzc the bee[
point of usefulness,tt can be replaced v_th a new sole wlth
region of upper 120 and secure rear sole 150 below the heel
'
A0126
....
=
.............
US 6,604,300 B2
5
6
the same or different characteristics. Prior to replacement, it
is _
possible that left and right rear soles may be
exchanged with each other inasmuch as left and right rear
soles often exhibit opposite wear patterns.
As shown in FIG. 2,rear sole 150 also includes a midsole
158 laminated to outsole
154. Midsole 158 includes
a
substantially cylindrical
lower portion, 162 and a substantially cyhndrical upper portion 164 that is smaller m diameter than lower portmn 162. Upper po_on 16_ includes a
plurality of resthent knob_ 165 that mate with openings 145
m rear sole support 140 As shown; the resfltent knobs 165
and opemngs 145 aresyml_etrzcally
poslttoned
about the
central axm of mldsole 158 and the recess of r_ar sole
support 140, rcspcchve[y. To secure mar sole 150 to rear sole
support 140, rear sole I$0 us simply press-fitted into recess
146 un_l knobs 165 engage corre_'ponding openings 145
This manner of locking rear sole 150 rote the shoe at any one
of several posiuons us one of several mcchamcal ways m
which the rear sole can be removed,'reposiLtoned,
anger
locked to the rear sole support or other pan of a shoe
In the embodiment shown m FIG 2, upper rn_dsolc
porlaon 164 has a diameter at least equal to and preferably
shghtly larger than that of the rcce_ into which it fits
Midsole portion 162 has a character substantmlly equal to the
diameter defined by the exterior portion of cucular wall 144
This configuration of elements cluninates any verhcal gapping problems from occurring between the wall of the rear
sole support and the peripheral surface of the rear sole
The ms;de dxametcr of a cu'cular recess 146, as measured
between the mstde surfaces of tts sidewalls, or the dtstance
between the instde surface of a medtaJ sidewall and the
ms;de surface of an oppnstte lateral stdewall in the case of
materials arc preferably more resilient than materials
for the rear sole support or archextension
used
Detachability of rear sole 150 allows the user to change
rear soles e_tirely when either the sole is worn to a signifi.
5 cant degree o_ the user desires a different sole for destred
performance
characteristics for specific athletic endeavors
or playingsurfacesThe user can rotatethe rear sole to
relocate a worm sectxon to a less critical area of the sole, and
eventfially _place the rear sole altogether when the sole is
10 excesswely worn By penodtcallychangingthe position
of
therearsole,more umform wear and long hfe(bothoutsole
and mtdsole)can be acl_eved.
Additmnal longcvlty
inwear
may alsobe acl_evedby interchanging
removablerearsoles
as between_thc
nght and left
shoes,which typically
exhthlt
_5 oppositewear patterns
In addltton,
some userswdl prefertochange therearsoles
notbecauseofadversewear patterns,
butbe.cause
at a desuc
fordifferent
performancecharactensucs
orplayingsurfaces.
For example, xtus contemplatedthata person using thus
2o invention
m a shoe marketedas a "crc_s-tramer"
may desue
one typeof rearsoleforone sport,such asbasketball,
and
anothertype of rearsole foranother,such as running A
basketball
playermight requirea harderand firmerrearsole
for stabd.lty_
where quick, lateralmovement us essential,
25 whereas a runner or jogger ,mtght tend to favor increased
shock absorpuon features achievable from a softer, more
cusl_oned heel Similarly, a jogger planning a run outside on
rough asphalt or cement mtght prefer a more resthcnt rear
sole than the type that would be statable to run on an already
30 rcsthcnt mdoor wooden track. Rear sole performance
may
also depend on the wetght of the user or the amount or type
of cushtoning desired.
The pre.sen! mventton includes a shoe or shoe lot w_ch
a non-cucu/ar
recess (not shown), may actually be greater
than the wadth of the heel regaon of the shoe upper as
measured from the exterior surface of the medial side of the 35
heel regina of the upper to the exterior surface of the lateral
side of the heel regmn of the upper (t e, the heel regmn of
the upper at its wade.s!pore 0. Thus Is posstble because the
matenal used to make the rear sole support 140 and s_de
walls us suflictently strong and durable to permit the stde 4o
walls to "flare out" to a greater width than the heel regmn of
the upper withoutnsk of breakage Thism turn penmts the
use of a larger mar sole 150 wuh more ground-.¢ngaging
surface and, hence, more stabihty (As stated, the exterior
walls of the lower porUon of the rear sole generally ahgn 45
verttcaUy wuh the exterior surface of the stde walls forming
therecess 146).Italsopermltstheemployment of a flexible
regionor member v,qth a cor_spondinglylargerdxameter,
wadtb or length because itsperipheraledge.soptimally
should ahgn verhcallywith the load-bearing
sidewallsof 50
therecess.Such a largerfle_dble
regionor member, wUh a
character, width or length greater than the width of the heel
regton of the upper at tts wtdest pomt, creates more cu_htoning and/or spnng for the user's heel dunng the gait cycle
The observauons and provmons contained m thts paragraph 55
arc equally apphcsble to the embodtments described m
FIGS 1, 2, and3
includes or can accept a plurahty of rear soles 150 hayrag
dtffercn't charactermt]cs
and/or surface configurations,
therebyprovidinga crossira.met
shoe As explainedm more
detadbelow,theshoe can alsobe designedtoacceptand use
dtfferen|
flexthle
members m therearsolearea,to achlevc
optimalfie);
and cushioning,throughthecombmauon of a
flex_lemember and mar soleselected
to provldethemost
desirableflex,cusl_on,wear, support,and traction
for a
given appl_catmn In a preferred
embodiment, both therear
sole and the flexible member are replaceable and a given rear
sole can be locked m a plurahty of.separate posiuons relauv¢
to therecessm wlmch ttts held
Srnce rear sole 150 shown m FIGS 1 and 2 ts selectwely
postttonable mlattve to rear sole support 140 m a single
plane about an axas perpendtcular to the major Iongttudinal
ax_.s of the shoe, tt may be moved to a plurahty of positrons
with a means provided to allow the user to secure the rear
sole at each de,sired posatmn After a period of use, outsole
154 will exhthtt a wear pattern at the point to wl:nch the heel
first contacts the ground, when the user ts rnnnmg, for
example Excessive wear normally occurs at this point, and
at mxdsole 158 generally above thus point, degrading the
performance of the rear sole When the user determmes that
the wear m tbas area ts stgntficant, the user can rotate the rear
Rear sole 150 ts preferablymade from two different sole so that the worn portmn 'w'tllno longer be m the locatmn
materials an abraslon-reststant
tubber compound for
of the user's first heel strike For the shoe shown m FIGS
ground-engagingoutsole154,and a softer,
more clastomenc 60 1 and 2, rotahon ts accomphshcd by-detaching the mar sole
material such as polyurethane or ethylene vinyl acetate
and realtachmg
a! the destred locatton For the embodxment
(EVA) formtdsolc158. However, rearsole 150 could be
m FIG 3 discussed below, the rear sole may be rotated
comprised of a singlehomogenous material,
or two mattwxthout separating _t from the rear sole support The number
rials(¢g, EVA enveloped by hard robber),
as well as a
of positrons into which rear sole of FIGS 1 and 2 can be
materialcomprising airencapsulating
tubes,forexample, ss rotated _ hmlted by the number of knobs/opemngs,
but is
dusclosedm US
Pat No 5,005,300 For each of the
unhmtted for the rent sole shown m FIG 3 The use of other
discussedrearsoleembodiments, theoutsoleand mtdsole
mechamcal
locking systems to allow selechve movement
A 0127
US 6,604,300
'
B2
i
8
7
upward facing top surface of tear sole support 140. In thin
and locking of the tear sole is contemplated wtthin the spirit
of the invention.
, embodiment, the member, or plate 200 is positioned between
the rear sole 150 and the heel portion of upper 120. A ledge
Rotating the rear sole about an axis normal to the shoe's
148 may be formed in rear sole support 140 to support and
major axis to h position, for example, 180 degrees beyond its
starting point, will locate the worn poruon of the rear sole at 5 laterally stabilize flexible member 200
The flex_le member may also be permanently attached to
or near the instep portion of the shoe The instep portion ts
the top or bottom of the rear sole support or detachably
an area of less anportance
for tractiomng, stabdxty, cushsecured to the shoe upper and removable through a pocket
lonin_g and shock absorbing purposes As long as the worn
formed m the matenal (not shown) typically located on the
portion of the rear sole us rotated beyond the area of the
10 bottom surface of the upper, or tt can be exposed and
iniual heel stnke, prolonged use of the rear sole us possible
removed after removing the sock liner or after lifting the rear
The user can continue penodzcally to rotate the rear sole so
portion of the sock liner Alternatively,
_t may be totally
that an unworn portton of the rear sole ts located in the area
of the first heel str_e
exposed as m the case of flemble member 200 shown m FIG..
18, whereto the U-shaped cushioning member may have
The shape of rear sole can be ctrcular, polygonal,
elhpucal. "sand-dollar,"
elongated "sand.dollar,"
or other- 15 direct contact wath the users heel wathout an intervemng
sock hner m the heel portton of the shoe. The removabihty
whse ,The shape of recess 146 us formed to be compatable
of the flexible member allows the use of several dtffnrent
with the shape of the rear sole In all embodiments, the
types of flexxble members of varying stiffness or composlmventaon includes mechamcal means for selechvely locking
taon and, therefore, can be adapted according to the weight
the rear sole relatwe to the rear sole support and upper of the
shoe Preferably, the rear sole us shapeA so that at least the 20 of the runner, the abihty of the runner, the type of exerexse
revolved, or the amount of cushioning and/or spring desired
' rear edge of the outsole has a substanually tdenlacal profile
m the heel of the shoe
, at several, or preferably each rotated posmon To allow for
Rear sole 150 may have s concave top surface 167, as
a plurahty of rotatable posmons, the shape of the outsole
shown in FIG 2 Therefore, when the rear sole ts attached
preferably should be symmetrical about its central ares As
25 to the rear sole support, the top surface of the rear sole does
shown m FIG 1, the rear sole has fzce beveled portions
not come rote contact w_th the flexible member when the
which are symmetncaUy
positioned about tks central axm
flexible member deflects wuhm tts destgned range of flex
,The user m thus embodunent can rotate the rear sole 120"
A.s a result, the middle of the flexible member can flex under
and place an unworn beveled portion at the rear heel regmn
the weight of the user wathout being tmpeded by rear sole
of the shoe, where wear usoften maxamum Alternahvely, the
rear sole could have two beveled porttons, 180" apart (m an 30 150 Flexthle member 200 thus acts like a trampoline to
provide extra spring m the user's g_t m addttaon to
oval embodtment this would have to be the case), m whxch
minimizing,
or preventing, m_dsole compression
m the
event only one rotatton per shoe, plus aa exchange between
central porUon of the rear sole
right and left rear soles, would be possibl¢,.before
replacement of rear soles would be necessary
A second preferred embodanent us shown m FIG 3 In
35
thus embodunent, a rear sole 250 m tdentlcal to rear sole 150
While the above dusouss_on us d_rected towards a rear sole
shown in FIG 2 except that It has a groove 2.54 below upper
that rotates or separates m _ts enurety, _t ks specafically
m=dsole porUon 252, instead of knobs 165 A rear sole
contemplated
that the same benefits of thx.s mvenhon can be
support240 includesa downwardly extendingwall244 that
achieved tf only a portion of the rear sole us rotatable or
bottom edge 246 and a threadedtunersurface
removable
For example, a poruon of the rear sole, • g, the 4o has a serrated
248 Rear solesupport240 alsoincludesan upper rim 249
center area, may remain stauonary whale the periphery of the
The embodlmcnt ofFIG 3 alsomdlcatesa threadednag
gmund..engagmg surface or outsole rotates and/or m detachable AS another example, the rear sole may not be remov400 Rmg 400 includesa threadedoutersu 410 thatmates
voth threadedtunersurface248 ofrearsolesupport240 The
able but only rotatably posmonable
In a preferred embodtment of the mvenuon, the shoe of 45 tang also includesan outwardly and towardlyextenchag
flange412 thatpressesagainstserratedbottom edge 246
the present mventaon includes a flextble regaon 200 that is
when the nng ksscrewed rotethe rearsolesupport The
posmoned above the rear sole and has a central porlaon that
bottom surfaceofflange412 mcludes anchors414, and may
m its normal unflexed state us spaced upwardly from the
also be serratedto furthergrip the rear sole to prevent
poruon of the shoe (rear sole support, or rear sole) immediately below tt The flexible regmn 200 us demgned to 5o rotatlonThe ringalsohas two ends 416 and 41g, and end
416 may have a male member and end 418 may be shaped
provide a preselected degree of fex, cushioning, and spring,
toreceivethemale member tolock thetwo ends together
to thereby reduce or chromate heel.center midsnle compresRang 400 may be made ofhardplastac
orothersubstanuaUy
stun found m conventmnal materials Flexable region 200 us
ng_d materials that provide a secure engagement wath rear
made of stiff, but flexable, material. Examples of materials
that may be used in the manufacture of flexible member 200 55 sole support 240 and a firm foundation for supporUag
flexible member 200
include the foLlowing graphate, fiberglass, graphite (carbon)
fibers set m a resin (t e acryhc resin) binder, fiberglass fibers
set m a resin 0 e acryhc resin) binder, a combmatmo
of
grapl_te (carbon) fibers and fiberglass fibers set m a resin
(t e acryhc resin) binder, nylon, glass-filled nylon, epoxy,
polypropylene,
polyethylene;
acrylomtnle butadlene styrene
(ABS), other types of rejection-molded
thermoplasuc engineering resins, spring steel, and stainless spring steel The
' flexabl¢ region 200 can be incorporated
rote other elements
of the shoe or can be a separate flextble member or plate
AS shown m FIG 2, flextble member 200 can be m the
form of a plate supported at _ts peripheral region by an
Rear sole 250 ks attached to _ear sole support 240 by
unlocloag the cads of nag 400 and posmonmg ring 400
around upper mldsole porhon 252 of the rear sole such that
6o flange 412 engages groove 254 Ring 400 ks then firmly
locked onto the rear sole by mating end 416 wath end 418
Flexable member 200 ts inserted rote the rear sole support so
that tt presses against upper tam 249 Ring 400, with rear
sole 250 attached, ts then screwed rote the rear sole support
65 by engaging threaded surface 410 of the nag wuh threaded
surface 248 of wall 244 The tang ts then screwed into the
rear sole support untd serrated edge 246 of wall 244 engages
A 0128
US 6,604,300 B2
9
10
flange 412 of ring 400. Serrated edge 246 serves to prevent
central portmn of the midsol¢ of the rear sole can be
rotation of the ring during use and the top edge of ring 400
eliminated, since the flenble region of the shoe provides
firmly supports flexible member 200
we3ght beanng and cushioning at this area
The rear sole support sidewalls need not be continuous
Oth©r rear sole support/rear sole combmatiohs for securaround the entire recess. Such sidewalls may be subStan- 5 .ing the rear sole to the shoe and for supporting the flexible
tially eliminated on the lateral and medial sides of the rear
member at or below the heel region of the upper are
sole support, or even at the rear and/or, front of the rear sole
contemplated and fall within the spire of this invention, as
support, exposing ring 400 when installed, even allowing it
desc_,tbed and claimed. By means of example only, some
to protrude through the sidewalls where the ppenings are
such addmonal configuratmns
are dkselosed m commonlycreated This has no efedt' whatsoever on the thread alignto owned U.S. patent apphcatmn Ser No 08/291,945, which is
ment on the inside surface of the remaimng sidewalls The
incorporated
herein by reference
advantage of doing this ks 'that a ring with a shghdy larger
The flexxble regaoo of the present mvenuon is not hmited
diameter than otherwisepossibleand, hence, a flexible
to a carcular shape ann can be adapted to conform to the
member with a sLightlylargerdiameterthan otherwise
shape of the rear sole. The flexible region also need not be
posslblemay be employed.
t5 used onlytn conjuncuonwith a detachable
rearsole,butcan
Intheembodiment shown inFIG.3,a variety
ofdifferent
be used wath permanently
attached rear soles as well
flexible
members 200 having different
flexand cushiomng
FIGS 4-17 show various'altematave
embodiments of the
characteristics can be selectively incorporated into the shoe
flex._le member In each of these embodiments,
the flemble
Flexible member 200, once incorporated
into the shoe, is
member may be curved or convex m shape, or have an
securely held in place with rear sole support 240. Preferably,
2o towardly curved or concave bottom surface, such that the
the rear sole support contacts flexible member 200 only
interior poruon of the flemble member is elevated relative to
along Rs outer periphery, and rear sole support 240 includes
its ponphery when the flemble member as pomtiooed in the
an opening above the fie)able member, thereby permxtting
shoe m Its normal position Each of the following flex_le
the plate to protrude upwardly toward the user'sheel
member embodiments may be used in conjunction with the
Moreover, because the top surfaceof rearsole 250 ks
25 rear sole support/rear sole combmatmns dksclosed m FIGS
"preferably
concave inshape,thecentral
portmn of therear
1--3 and more generally dksclosed m tins disclosure
m its
sole does not contact the central pomon of the flexible
entuefy In addition the following disclosed embodunents of
member m its unflexed, normal position As a result, the
flexible members can be integrally mcorporate.d into a
flemble member can also flex downward
The degree of
portion of the shoe In tether even t, the resultant shoe has
flemng of the member can be controlled both by the selecflex and
tion of the material and shape of the member, as well as the 30 a flexable regaon which provides a preselected
spring
relatwe dtmensmns
ann shape of rear sole support 240 and
As shown m FIG 4, flexible member 500 has a concave
rear sole 250 While flexible member 200 and the correunder surfao_- 502 (when viewed from its bottom) and an
sponding recess m rear sole support 240 arc cucular m FIG
3, other shapes can be utdized Rear sole support 240 could 3s opposing convex upper surface, and ts cu'cular m shape As
a result, the interior portmn of the flex_le member 500 m
be designed to include a recess above upper nm 249 to
elevated relatwe Io its peripheral portmn and ks posalaoned
accept the flemble member and a mechanical means, such as
below the rear sole of the user when supported in the shoe
a cucular locking ring, similar to ring 400, to support and
lock the flemble member m place In such an embodiment,
Flexible members 510 and 520 shown m FIGS 1 and 6,
the user could change the flexible member from the msade of 4o resi)ectavel_', are similar m structure to flex.able member 500
except that flexible member 510 has a bottom surface 514
the shoe S_mdady, the flexable member 200 could be fixedly
and a moon-shaped
notch 512 and flexable member 520 has
securedto,or incorporated
as an integral
part,of eltherthe
rearsolesupportor therearsole Smaflarconfigurations
of
a bottom surface 524 and two opposing
moon-shaped
an integral flemble reg_on are wathm the spirit of the
notches 522 Notch 512 of flemble member 510 mpreferably
invention.
45 ahgned _qth the back of the rear sole One of notches 522
The embodiment of FIG 3 and other embodiments of the
of flexable member 520 may be ahgned w'tth the back of the
invention preferably provide a shoe that includes a flemble
rear sole, or altematavely such notches may be ahgncd wtth
the lateral and medial sides of the shoe Flerabl¢ member
region or member which has its own presclected spnng and
530 as shown m FIG 7 ts identical m structure to flexible
cusl:uomng characterkstlc and whmh is preferably removable
and replaceable, a rear sole with its own pre-sclected cush- s0 member 520 shown m FIG 6 except that tt is not convex m
shape, but rather curved m only one dtrectmn The flexible
ioning propertxes
(bothout.sole
and midsole)and which is
member 530 alignment opuons are the same as those of
preferablyremovable, replaceable,
and capableof being
flex_le member 520
locked in place at a plurahtyof preselected
posltaons,
a
plurality
of beveledportions
on theoutersurfaceoftherear
sole which are preferablysymmetricallylocatedabout its 5';
axis, and an interrelattons_p
of the flexible member, rear
sole support, and rear sole which pcrmat the flexzble member
to freely flex to at least a predetenmned degree The flemble
regxon and tts characterishcs,the rear sole and its
characteristics, and the rear sole's relative location to the 6o
flexible
reglon can be sclectavely
altered,
to provlde tn
combmataon an optimalshoe fora gwen application
Also,
because of the rear sole rotauon and replacement permitted
by theinvention,typically
heavy outsolematerialmay be
made thinnerthan on conventmnal athlctlc
shoes, thus 65
reducingtheVeelghtoftheshoe The inventlon
alsopermtts
the weight of theshoe to be furtherreducedbecause the
As shown m FIG 8, flexible member 540 includesa
plurahty of spokes 542 each Joined at one end to a hub 544
and joined at an opposite end to rim 546 The size, shape,
and number of spokes ks variable depenchng on the desired
fiexiblhty
As shown m FIG 8, each of spokes 542 has a
triangular cross.sectmn,
although the cross-sectmn may aLso
be square,rectangular,
or any other geometricalshape
When posltmnedm theshoe,hub 544 kselevated
relative
to
nm 546 such that hub 544 Is closer to the heel regmn of the
upper
The flexible members shown m FIGS 9-12 are vanatmns
of flex.able member 540 shown m FIG 8 Flexible member
550 shown m FIG 9 _s identical m structure to flexible
member
A 0129
540, but includes
webbing
552 covering
the top
US 6,604,300
B2
11
12
surface of flexible member $$0 and joining each of spokes
542 to reinforce flexible member 550 Webbing 552 may be
injection molded with the rest of flexible member. Flexible
member 560 shown in FIG. 10 _s similar in structure to
upon impact. The U-shaped eushmmng member :s shaped to
generally conform to the shape of the user's heel. Thus, the
open end o_,the U-Shal_ is oriented toward t_ front of the
shoe. Cushioning member 650 may be compo,ded of polyurethane or EVAor may be an air-filled or gel-filled member.
flextble member 540 shown in FIG. 8, however, spokes 562
d_rease in thtckne_s between hub 564 and the central
Cushioning member _0 can be affixed to flexible member
500 by glmng, or may be made integral wath ttexible in
portion of each of the spokes 562 ahd then mcrease m
member 500 m an injecUonmolding process
If injectaon
thickness from the central portmn toward run 566 . '
molded, cushiomng member 650 would be made of the same
Flexible member 570, shown in FIG 11, aL_ includes a
plurahty of spokes 572 joined al opposite ends to hub 574 10 material as flexible member 500 To decrease the sti.ffne..._of
cushtomng member 650 m thin instance, small holes (not
and run $76 In thus embodiment, the thickness of the spokes
shown) may be drdled m cushioning member 650 to weaken
decreases m s threcuoo
from hub 574 toward nm 576. In
tt and thereby allow it to depress more readdy upon mapact
addition, webbing 578 may be placed over the top surface of
and more uniformly with flexible member 500
flexible member 570 stmtlar to that dasclosed m FIG 9
is
The cushmnmg
member 650 described
above can be
FIG 12 illustrates
a bonsmg 580 for supportingthe
incorporated into a shoe having any of the various ltexfole
fie)able member, m th.us example, fienble member 560
regtons d_closed m thus apph_auon and drawings, as well as
Housmg 580 has an L-shaped cross-section
to support the
other shoes hllmg wathm the scope of the clanns
bottom and side surfaces of run 566. Housing 580 may be
if cushioning member 650 us used, the shoe sock liner,
inserted rote the shoe heel with flexible member 560 or may
may be tlunner m the
be permanently
affixed to the rear sole support In ettber '20 whtch generally provades cushioning,
hecl area or may terminate at the forward edge of cusbaomng
case, housing 580 acts as a reinforcement for hnutmg or
member 650 If eus_onmg
member 650 as not used, the sock
ehmmatmg lateral movement o f flex'ible member 560 during
hner may extend to the rear of the shoe and may be shaped
use Thus may have the effect of making the center of the
to conform'to the user's heel on its top surface and the
flexible member more springy It may also allow the member
7.5 flexible member on its bottom surface
Its bottom surface
to be made of thinner and/orhghter we:ght matenal
may also,compensate
for gaps formed by the fle)nble memFIGS 13 and 14 show farther variataons of flexabte plate
ber. For example, the sock liner may have a concave bottom
500 shown in FIG 4 Whale flexible plate 500 has a
surface m the heel area to correspond to those flexable
generally umform tl_ckness at any g_ven radius, flexabte
plate 585 shown m FIG 13 decreases m thlcknes_ from the 30 members having convex upper surfaces
In each of the above described embodtments, the flexable
center of the member toward tts periphery FIex_le member
590 shown m FIG 14, on the other hand, m thxcker near the
member us dlustratcd as a separate component of the shoe
whxch can be removed
from the shoe and replaced by a
center and at the pertphery, but tl_nner therebetween
stmdar or different flexible member, as desired In each el
FIGS 15.--17A dasclose flex_le
members composed of
the emt_:lunents the central pomon of the fleydble member
carbon ribbons set m a resin binder Alternatively, they may 35
tq _
relative to _ts outer permneter so that when placed
be fiberglass nbbons or a combination of carbon and fiberm the shoe, the interior portmn m tts normal state does not
glass ribbons Ribbons made of other types of fiber may also
touch the rear sole support and/or rear sole As a result, the
be used Flexible member 600 includes radially or dtametninterior of the flexable member wall flex m response to the
tally projeenng
rtbbous 602, etther emanating from the
user's stnd_ without first, tf ever, contacting the rear sole
center of flexible
member
toward
tts periphery
or, 4O
support and/or rear sole. Such flexable member, therefore,
preferably, passing through the center fi'om a point on the
can be used wath rear soles that have a fiat upper surface, as
periphery to a dtamemcally
oppositepoint on the penphery
well as thc_e that have a concave upper surface 'me relauve
These ribbons 602 are fixed m postt_on by a resin binder 604
shape and postttonmg
of the flexable member and the
known m theart Rexible member 610 shown m F1O, 16
alsoincludescarbon rtbbous602 setm a resinbinder604, 45 adjacent rear sole support or rear sole can be designed to
pm¢tde the opttmum fex, stttYmess, and spring charactermbut further
includesa rim 606 comprisedof nbboo presetm
tacs However, each of the above-descnbed
flexable memthe resinbinder and defimng the peripheryof flcxable
bers may be made integral wath the rear sole support, which
member 610 Flexiblemember 620 shown m FIG 17 us
not only decreases the number of loose parts and increases
glentlcal to flexible member 610 shown m FIG 16 except
of themanufacmnng process, butalsofurther
that tt further includes a carcular ribbon 608 d_posed m ream 50 theefl:ictency
hrmts the lateral dtsplacement
of the periphery of the
binder 604 and ctreumscnbmg the center of flexable member
flexible member upon deflecuoth potentially creating more
620 The flex'able member shown m FIG 17A is tdenttcal to
spring m the center and/or permxttmg the use of thinner
the flexable member 610 shown tn FIG 17 except that it has
and/or hghter weight material
fewer spokes and further includes a plurahty of cu'cular
As shown m FIG. 19, rear sole support 340 ts tdenttcal m
ribbons 608 spaced radially from the center of the member 55
structure to rear sole support 140 shown m FIG. 2 except that
and disposed m the ream bmder 604 Flexible members 600,
rear sole support 340 has a flexible regton 700 that serves the
610, and 620 may be convex m shape so that the center of
same purpose and funclaon as any of the above-descrtbed
the flexible member us raLsed relative to tts outer peruneter,
flexible members In fact, any of the above-described flexwhen placed m the shoe They may aLso have a U-shaped
cushlomng member placed on or secured to their top surface 60 _ble members may be used as flextble region 700 so long as
they can be made integral w_th rear sole support 340 In th_s
hke that shown m FIG 18
example, flextble regmn 700 us convex m shape and thus
Since _t _s contemplated
that the flextble member wtll be
stmdar to flexible member 500 shown m FIG 4 Cushtomng
composed of graphate or other stY, but flextble, matenal, tt
member 650 or a modified sock hncr a.s descnbed
above
LSpreferable to cnshton the tmpact of the user's heel against
the flexable member durmg use As shown m FIG 18, a 6_ may also be used
The flexxble regton may be incorporated
rote other rear
substanttally
U-shaped cushioning member 650 us dtsposed
sole support embodtments
as well As an alternative to nsmg
on the top surface of flexable member 500 to cushion the heel
A 0130
.....
I
US '6,60,_,300
'
13
B2
14,
arch extension 180, rear sole support 440 shown in FIGS.
20-22 includes a 'thickened tongue 447 that cxt--nds toward
-,the ball of the foot. Thickened tongue 447 pmvldes additional gluingsurfacefor attaching
the rearsolesupportto
forward sole 160 and additional stillness to the heel portion 5
of the shoc and the amh area, thus mining the chances of
separation of the forward sole from the rear,sole support, and
at the same fame mtmmizmg the tendency of the shoe to curl
at the juncture of the hard rear sole support with the soft
forward sole Similar to rear sole support 240, rear sole 10
support 440 includes a heel counter 442 and a side wall 444
Rear sole support 440 akso includes a rim 448 and anchors
452 to receive and retain a rear sole with a mating gmo_e,
such as rear sole 250. Forward sole 260 is longer in this
embodtment to extend back to the edge where tt would abut 15
the rear sole Flexible region 710 Ls identical to flemble
region 700 in FIG. 19
In another embodiment, rear sole support 460, as shown
m FIGS 23 and 24, includes a tongue 462 that m tinner and
slightly smaller than tongue 447 shown in FIGS 20-22
2o
However, rear sole support 460 includes a curved wall 464
that has a pocket formed on its forward side for recetvmg a
rating rear edge: of forward sole 360 adjacent the rear sole
support Curved wall 464 provides a firm, smoothly contoured transition from hard-to-ahgn reslhent materials of the 25
forward and rear soles and thereby minimizes gapping It
also provides a desu'able brace or bumper for the lower
' portion of the rear sole when the user Ls runmng Fle_ble
region 720 Ls tdentical to flexible regions 700 and 710
As shown m FIGS 25 and 26, the flexible member may 3o
also be integrated
with the securing member
Securing
member 750 m simalar m structure and function as secunng
member 400 m that tt includes a wall 752 with a threaded
outer surface, an inwardly and outwardly'e_ktenchng nm 754,
and anchors 756 Securing member 750 also includes a 35
convex flerdble region 760 integral w'tth wall 752 Flexible
region 760, like flexible regmns 700 and 710, may incorporate any of the configurauons shown in FIGS 4-18
bottom surface, each of the non-planar portions
being
inclined upwardly from another portion of the bottom
surface in a direction toward the perimeter of the rear
sole, one of the at least three non-planar portions being
proximate the rearward portion of the rear sole, and at
least two of the at least three non-planar portions being
proximate the forward portionof the rear sole and
being oriented so that at least one edge of one of the at
least two non-planar
portions proximate the forward
portton of the rear sole is proximate a medial side of the
rear sole and at least one edge of the other of the at least
two non-planar
portions proximatetheforwardporuon
of the rear sole is proxamate a lateral side of the rear
sole,
a flexible plate having upper and lower surfaces and
supportedbetween at least a portionof the rear sole and
at least a portion of the heel region of the upper,
penpheral portions of the plate being restrained from
movement relative toan interior portio_of the plate m
a direcUonsubstantially
perpendicular to a major a_
of the shoe so that the interior portion of the plate ts
capable of being deflected relative to the penpheral
porUous m a dixectmn substantially perpendicular to the
major ax_ of t_ shoe, at least a porUon of the upper
surface of the plate being convex, at least a portion of
the lower surface of the plate being concave, the
mtenor portion of the plate being pnsxtioned over a
vold,and
an opcmng m the bottom surface of the rear sole looated
beneath the interior pomon of the plate, the opemng
being m commumcaUon
voth the void to expose the
interior porhon of the plate from outside of the shoe
2 The shoe of claxm 1, whereto each of thenon-planar
poruons has a maximum hnear dimensmn lessthan the
greatest
wadth of thebottom surfacealong a hne perpendlculartoa major axxsof theshoe
3 The shoe of claun 1, wherein the bottom surface
includes
anoutsolematerial
thatisground engaging,therear
soleincludingmldsolematerialabove theoutsolematenal,
atleasta portionof the mtdsole materialabove thenonplanar poruous being thinner than the tmdsole material
above the at least one substanually
planar portmn of the
bottom surface of the rear sole
Securing member 750 is stmply subsututed for secunng 4o
member 400 and flextble member 200 shown m FIG 3 to
attach rear sole 250 to rear sole support 240 However, since
sec g member 750 does not include mating ends 416, 418,
4 The shoe of claim 1, further comprising at least one
rear sole 250 is pre.ss-fitted rote secunng member 70 unUl
wall proxxmate at least a portion of the penpheral porUons
rear sole groove 2154 mates with securing member rim 754
TilLs may have the effect of making the center of the flemble ¢5 of the plate and extending in at least one of an upwardly
dtrcetmn and a downwardly
dl_ctlou from the plate, the at
member more springyIt may also allow the flexible member
least one wall being integral with the plate
to be made of thinner and/or hghter weight material
5 The shoe of cintra 1, wherein the upper has an arch
It will be apparent to those slcdled in the art that various
regmn, and further comprmmg an arch bridge integral w_th
modtfications and variations can be made in the system of 5o the plate, the arch bridge extenchng from a positron promthe present invention withoutdepamng from the scope or
mate a forward pomon of the plate, forward beneath at least
spirit of the invention Thus, it _ intended that the present
a porUon of the arch regaon of the upper
mvenUou cover the modtficatlons
and vanattons
of t_s
6 The shoe of claun 5, whereto the arch bridgehas a
inventton provided they come wRhm the scope of the claims
bottom surfacethatisatleastm partvisible
from outsideof
and their eqmvalents
55 theshoe
What ts claimed is"
7 The shoe of claim 1, wherein the upper surface has at
I A shoe composing
least two convex portions, at least a port)onof the upper
an. upper having a heel region,
surfacebeing concave, the concave porUon of the upper
a rear sole having a rearward portmn and an oppostte
surface being located between the two convex portions of
forward portion connected below the heel regmn, the 60 the upper surface.
rear sole having a bottom surface at least a portion of
8 The shoe of claim 1, further compnsing
at least one
which is ground engaging, the bottom surface including
sidewall above atleast a portion of the bottom surface of the
at least one substantially planar portion and at leas!
rear sole, the at least ooe sidewall having at least one hole
three portions non-planar with the at least one substantherethrough located on at least one of a lateral s_de, a medial
Udly planar portion,
the non-planarportionsbeing 65 side, and a rear of the shoe
positioned proximate the perimeter of the rear sole and
9 The shoe of claun 1, wherein at least a substamial
separated
from each other by other portions of the
poruon of the peripheral
portions of the flexible plate ts
A0131
US 6,604,300
B2
15
restrained from movement relative to the interior portion of
the flexible plate.
10. The shoe of claim 1, wherein the peripheral portions
of the flexible plate being restrtuned from movement relahve
to the interior port, on are at a point along a medial side and
at a pointalong a lateral
side of theshoe
11. The shoo of cl0zm 1, whereto a forward facing pomon
and a rearward facing portion of the penpheral portions of
the flemble plate are restrained fzom movement relauve to
the mtenor portaon
12. The shoe of claim _l',wherein the penpheral portions
of the flex_le plate are restrained from movement relative to
the interior portion at at least two spaced apart points along
a medial side of the shoe and at' at least two spaced apart
points along a lateral side of the shoe, the interior portton of
the plate being located above a point between the at least two
points along the med:al side of the shoe and the at least two
points along the lateral side of the shoe and beneath the
approx.unate center of the user's heel
13. The shoe of clatm 12, wherein upon the deflecunn of
the mtenor portion of the plate, the at least two points along
the medial side of the shoe and the at least two points along
the lateral side of the shoe are dtsplaceable m a dtrectlon
substantmlly parallel to the ground
14 The shoe of claim 1, whereto the peripheral potatons
of the flexa'ble plate are restraaned from movement relatwe to
the interior portton both along at least a port,on of a medtal
side and at least a portion of a lateral stdc of the shoe and on
at least a porUon of a forward facang porlaon and at least a
portaon of a rearward facing poruon of the peripheral portions of the flemble plate
15 The shoe of claim 1, whereto at least one of the
peripheral portions of the plate being restrained _om movement ts along the upper surface of the plate and at least one
of the peripheral portions of th_ plate being restrained from
movement m along the lower surface of the plate
16 The shoe of claim 15, wherein the penpheral porhons
ate both toward the front of the shoe
1'7 The shoe of claam 15, whereto the penpheral portions
are both toward the back of the shoe
18 The shoe of clam 15, wherein the peripheral porhons
are both on the lateral side of the shoe
19 The shoe of claim 15, whereto the peripheral portions
are both on the medml side of the shoe
20. The shoe of clams 15, wherein the peripheral porttons
of the upper and lower surfaces are proxunate one another
21 The shoe of clatm 20, where the capable of being
deflected interior portion Ls located between the portions
of
the upper and lower surfaces and a point beneath a central
portaon of the heel regton of the upper
22 A shoe compmmg
an upper having a heel reg_on and an arch regina,
16
s
to
15
20
25
an opening in the bottom surface of the rear sole located
beneath the imerior portion of the phte, the opening
being in communication with the void to expose the
mteriq_ portion of the plate from oumide of the shoe;
an arch bridge integral with the plate, the 'arch bridge
extending from a position proximate a forward poaion
of the plate, forward beneath at least a pomon of the
arch region of the upper, and
at .least one wall proximate at least a porUon of the
penpheral portions of the plate and extending in at least
one of an upwardly duection and s dowuwtrdly directaon from the plate, the at least one wall being integral
•mlh the plate
23 The shoe of claim 22, wherein the at least one wall
extends m 'an upwardly direction.
24 The shoe of clann 23, whereto the upwardly extending
wall ks connected to at least a poruon of the bed regaon of
the upper
25 The shoe of claim 23, whereto at least a poruon of the
upwardly extendingwallisvlsthle
from outsldeof theshoe
26.The shoe ofclalm25,wheretoatleast
a portionof the
upwardlyextendingwall ksvlsible
from a medlalsideofthe
shoe, from a lateral side of the shoe, and from a rear of the
shoe
27 The shoe of clazm 23, whereto the at least one will
includes a wall extending tn :i downwardly dtreclaon
28 The shoe of clams 27, whereto the downwardly
extendingwall contacts at least a porhon of therearsole
29 The shoe of claam 27, whereto at least a portton of the
30 downwardly extenchngwall _ vzsible from outsxdeof the
shoe
30 The shoeofclalm29,wheretoatleasta portmn of the
downwardly extendingwallIsvlsthle
from a m¢chal sldeof
theshoe,from a lateral
sadeof theshoe,and from a rearof
35 theshoe
31 The shoe of claim 22, whereto the at least one wall
extendsm a downwardly dxrecuon
32 The shoe of clams 31, whereto the downwardly
extendingwallcontactsatleasta portionof therearsole
33 The shoe of claim 31, whereto at least a portion of the
downwardly extendingwall tsvas_le from outsideof the
shoe
34 The shoe of claun 22, whereto the arch bridge
integral wl,th an upwardly extending wall on at least one of
,L5 a lateral side and a medtal side of the shoe
35 The shoe of claim 34, whereto the upwardly extenchng
wall _ at least m part vtstble from outszde of the shoe
36 The shoe of clatm 22, whereto the arch bridge has a
bottom surface that m at least in substantial part v_ible from
s0 outstde of the shoe
37 The shoe of clatm 36, whereto the bottom surface of
the arch bridge ks vksible on a hne perpendicular to a major
a rear sole having a bottom surface, the rear sole being
ares of the shoe across a width of the arch bridge
secured below the heel region of the upper,
38 The shoe of claim 22, whereto the arch bridge ks
a flexible plate having upper and lower surfaces and
supported between at least a porllon of the rear sole and 55 integral wtth a downwardly extending wall
39. The shoe of claim 38, whereto at least a porUon of the
at least a portion of the heel region of the upper,
downwardly extending wall _s v_sible from outside of the
peripheral porllons of the plate being restrained from
shoe
movement relattve to an mtenor porUon of the plate m
40 The shoe of clatm 38, whereto the downwardly
a directton substanUally perpendicular
to a major ax_s
of the shoe so that the intenor portaon of the plate ks 6o exaendmg wall contacts at least a portion of the rear sole
41 The shoe of claam 38, whereto
the downwardly
capable of being deflected relattve to the peripheral
extending wall ks integral wath a rearward porhon of the arch
porUons m a dtrect_on substantially perpendicular
to the
bridge
major ax_s of the shoe, at least a poruon of the upper
42 The shoe of clams 38, whereto
the downwardly
surface of the plate being convex, at least a pomon of
the lower surface of the plate being concave,
the 65 extending wall ts arcuate
43 The shoe of clatm 38, whereto the downwardly
mtenor poruon of the plate being pos_ttoned over a
void,
extending wall ts at least m pad acurate
A 0132
..........................
7
.....
7 .............................
US 6,604,300 B2
18.
17
44. The shoe of claim 38, wherein the downwardly
extending wall is curved
"'
45. The shoe of claim 38, wherein the downwardly
extenc_ing wall ts at least m part curved.
46. The shoe of claim 22, wherein the rear sole has a
rearward portion and an opposite forward porhon connected
below the heel region, the rear sole having a bottom surface
at l_st a portion of which ks ground engaging, the bottom
surface including at least one substantially
planar portion
and at least two portions non-plansr with the at least one
substantially
planarportion, thenon- planarportionsbeing
positioned proximate the perimeter of the rear sole and
separated from each other by other portions of the bottom
surface, each of the non-planarportionsbeing inclined
upwardly from another poruon of the bottom surface in a
direction toward the perimeter of the rear sole, one of the at
least two non-planar portions being proximate the rearward
portion of the rear sole, and the other of the at least two
non-planar portions being proximate the forward portaou of
the rear sole
47 The shoe of claim 22, whereto the upper surface has
, at least two convex portions, at le_t a portion of the upper
surface being concave, the concave pomon of the upper
surface being located between the two convex poruons of
the upper surfact
48. The shoe ofclaim 22, further composing at least one
sidewall above at least a portion of the bottom surface of the
56 The shoe of claim 55, wherein the peripheral portions
, are both toward the front of the shoe.
57. The shoe of claim 55, wherein the peripheral portions
are both toward the back of the shoe.
5
58 The shoe of claim 55, whereto the peripheral portions
are both on the lateral rode of the shoe
59 The shce of clalm 55, wherein the Peripheral portions
are both on the medial side of the shoe.
60 The shoe of claim 55, wherein the peripheral Port.tons
10 of the upper and lower surfaces are proximate one another
61 The shoe of claim 60, wherein the capable of being
deflected interior portion is located between the peripheral
portions of the upper and lower surfaces and a Point beneath
a central portion of the heel region of the upper.
lS
62 A shoe comprising.
an upper having a heel region,
a rear sole having a bottom surface, the rear sole
secured below the heel region of the upper,
20
25
rearsole,the at leastone sidewallhaving atleastone hole
'therethrough
locatedon atleast
one ofa lateral
side,a medial
side, and a rear of the shoe
49 The shoe of clam3 22, whereto at least a substantial
30
portion of the peripheral portions of the flexible plate m
restrained
from movement relatave
tothe mtenor poruon of
the flexable plate
50. The shoe of cl_um 22, wherein the 'pEhpheral portions
of the flex_le plate being r_tramed from movement r¢lauve 3s
to the interior portaon are at a point along a media[ side and
at a Point along a lateral side of the shoe
51 The shoe of claim 22, whereto a forward facing
porUon and a rearward facing portion of the peripheral
Portions of the flemble plate are restrained from movement
4o
relative to the interior poruon
52. The shoe of claim 22, whereto the peripheral portions
of the flex_le plate axe restrained from movement relauve to
the interior port ton at at least two spaced apart points along
a medial side of the shoe and at at least two spaced apart 45
Points along s lateral side of the shoe, the interior portionof
the plate being located above a point between the at least two
points along the medial side of the shoe and the at least two
points along the lateral side of the shoe and beneath the
apprommate center of the users heel
so
53.The shoe ofclaim 52,wheretoupon thedeflecuonof
theinterior
portionof theplate,
theatleasttwo pointsalong
themediM sideof the shoeand the at leasttw¢ points _doug
the lateral side of the shoe are d_placeable
m a direction
substantially parallel to the ground.
55
$4. The shoe of claim 22, whereto the penpheral pomoos
of the flexible plate ate restr:uned from movement relative to
the interior portionboth along at least a portionof a medial
side and a! least a portion of a lateral side of the shoe and on
atleasta portionof a forwardfacingportionand atleasta 60
portion of a rearward facing portion of the peripheral porUons of the fle_dble plate
55 The shoe of clalm 22, whereto at leastone of the
peripheral
portions
of theplatebeingrestrained
from movement is along the upper surface of the plate and at least one
of the peripheral portions of the plate being restrained from
movement is along the lower surface of the plate
being
a flexible plate having upper and lower surfaces and
supported between at least a pomon of the rear sole and
at least a portion of the heel region of the upper,
peripheral portions of the plate being rcstram¢d from
movement relative to an interior portion of the plate m
a ch.rection substantially
perpendicular
to a major
of the shoe so that the interior portion of the plat, is
capable o[ being deflected relative to the peripheral
portions in a direction substantially perpendicular to the
major axis of the shoe, at least a pomoa of the upper
surface of the plate being convex, at least a pomon of
the lower surface of the plate being concave,
the
interior portion of the plate being positioned over a
void,
an oImnmg m the bottom surface of the rear sole located
beneaththe interior port.ton of the plate, the opening
being m communicanon voth the void to expose the
mtcnor portion of the plate from outside of the shoe,
and
at least one sidewall above at least a portion of the bottom
surface of the rear sole, the at least one sidewall hawng
at least one hole therethrough located on at 1cast one of
a lateral side, a medial side, and a rear of the shoe
63 The shoe of cla.tm 62, whereto the at lea_t one hole
includes at least two holes, at least one of the at least two
holesbeing on themedial sldeof theshoe and atleastone
of the at least two holes being on the lateral side of the shoe
64 The shoe of claim 63, whereto the plate m at least m
pad vts_le through both of theat leasttwo holes.
65 The shoe of claim 62, whereto the plate is at least m
part v_siblethrough the at Least one hole
66 The shoe of clam 62, wherein the at least one sidewall
has an interior surface, the void being defined at least m part
by theinterior
surfaceof theatleast one stdcwal.[,
67 The shoe of claim 66,whereinthevoid tsatleastm
part visiblethrough the atleastone hole
68 The shoe of clama 67, whereto at least one hole
includes at least two boles,at least one of the at least two
holes being on the medial side of the shoe and at least one
of the at least two holes being on the lateral side of the shoe,
the void being at least in part visible through both of the at
[e._t two holes
69 The shoe of claim66, whereto theinterior
surfaceof
theatleast
one sidewallm vtslble
throughtheopeningm the
bottom surfaceof therearsole
s5
70 The shoc ofclaim66,whereinatleasta poruon ofthe
interior surface of the at least one sidewall ts wmble through
theat leastone hole inthe atleastone sidewall
A0133
_'v-
....
US 6,6041300B2
,
20
19
71. Toe shoe of clmm 86, wherein the at least pue hole m
the at least one sidewall is on the lateral side of the shoe, the
'
,/-tenor
surface of the at least one sidewall on the medial aide
of the' shoe being visible through the at least one hole
72. The sh_¢ of cintra 62, whereto the at least one sidewall 5
includes mldsole matenal
73. The shoe of claim 62, whereto the at least one stdewall
includes out.sole material
74'.Theshoe ofclaim62,wheretotheatleast
one sidewall
includesboth midsolematerialand outsolematenal
10
75 Toe shoe ofclaim 62, further
comprisingatleast
one
wall prommate at least a porlaon of the peripheral poruons
of the plate and extending m at least one of an upward}y
directmn and a downwardly chrection from the plate, the at
least one wall being integral wtth the plate
15
76 Toe shoe ofcla.m362,wheretotheupper has an arch
region,and furthercompt'ustflg
an arch badge integral
with
theplate,the archbadge extendingfrom a posiuon prommate a forwardportionoftheplate,
forwardbeneathatleast
20
a portionof the archregionof theupper
77 The shoc of claim 76, wheretothearchbadge has a
, bottom surfacethat_satleastm partvlsible
from outsldeof
, theshoe
78 The shoe of claun 62, whereto the rear sole has a
rearward porUon and an opposite forward portion connected 25
below the heel region, the rear sole having a bottom surface
atleasta portionof wh.tchm ground engaging,thebottom
,surfaceincludingat leastone substanually
planarponlon
and atleasttwo porUons non-planarwith the atleastone
substantially
planarporUon,thenon- planarportionsbeing 30
posluoned proximate the penmeter of the teatsole and
separatedfrom each otherby otherportionsof thebottom
surface,each of the non-planarporuons being reclined
upwardly from anotherporUon of thel_o_m surfaceIn a
direction toward the perimeter of the rear sole, one ofthe at as
the medial side of the shoe and the at least two points along
•
.
.
,
t
the lateral side of the shoe are displaceable m a directmn
substantially parallel to the ground
85 The shoe of claim 62, whereto the peripheral portions
of the flemble plate are restrained from movement relative to
the interior portion both flong at least a portion of a medml
side and at least a portion of a lateral side of the shoe and on
at lea._ a poruon of a for_vard facingportion and at least a
portion of a rearward facing poruon of the peripheral porUons of the flemble plate.
86 The shoe of claim 62, whereto at least one of the
peripheral portions of the platebeing restrained from movement ts along the upper surface of the plate and at }east one
of the peripheral portions of the plate being restrained from
movement m along the lower surface of the plate
87 The shoe of claim 86, whereto the peripheral portions
are both toward the front of the shoe
88 The shoe of claim 86, wherein the peripheral portions
are both toward the back of the shoe.
89 The shoe of claun 86, whereto the peripheral portions
are both on the lateral su:le of the shoe
90 The shoe of claun 86, wherein the peripheral pomona
are both on the medial side of the shoe
91 The shoe of clalm 86, wherein the peripheral portions
of the upper and lower surfaces are prommate one another
92 The shoe of claim 91, whereto the capable of being
deflected interior portionislocated between the penpheral
portions of the upper and lower surfaces and a polot beneath
a central portion of the heel region of the upper
93 A shoe comprising
an upper having a heel region,
a rear sole secured below the heel regxon of the upper, and
a flex_le plate having upper and lower surfaces and
postuoned between at least a portmn of the rear sole
and atleast a portionof the heelregion of theupper,
peripheral pomons of the plate being re.strained from
movement relauve to an interior portmn of the plate m
lea.._ two non-planarportionsbeing proxunate the rearward
a direction substantially
perpendicular
to a major
po_on of the rear sole, and the other of the at least two
of the shoe so that the _ntenor portion of the plate m
non-planar po_ons
being proximate the forward portion of
capable of being deflected relauve to the peripheral
the rear sole
portxons m a chrcction substantially perpendicular
to the
79 The shoe of cla.un 62, whereto the upper surface has 4o
major axts of the shoe, the upper surface having at least
at least two convex porUons, at least a portzou of the upper
one concave poruon, and the lower surface being at
surface being concave, the concave poruon of the upper
leastm partvm'blefrom outsideof theshoe.
surface being located between the two convex poruons of
94 The shoe ofclaim 93,wheretothelower surfaceksat
the upper surface
80 The shoe of claun 62, whereto at least a substantial 45 leastm partvkslblethroughan opening m the rearsole
95 The shoe of clatm 93, whereto the upper surfacehas
portion of the peripheral porUoas of the flexible plate ts
at least one convex porhon, the' at least one convex porUon
rcs_atned from movement relaUve tothe interior portmn of
being adjacent the at least one concave poruoo of the upper
the flemble plate
SU.l'_ace
81 The shoe of clatm 62, whereto the penpheral portions
96 The shoe of claim 95, wherein theupper surfacehas
of the flexible plate being restrained from movement relatwc so
at least two convex porhons, the concave porUon of the
to the interior poruon are at a point along a medial side and
upper surface being located between the convex portmns of
at a point along a lateral side of the shoe
82 The shoe of clmm 62, wherein a forward facing
the upper surface
97 The shoe of claim 96, further composing at least one
portmn and a rearward facing poruon of the peripheral
55 wall proximate at least a portion of the peripheral portions
portions of the fie)able plate are r_stramed from movement
of the plate and extending m at least one of an upwardly
relauveto theinterior
poruon.
dtrecUon and a downwardly _rechon from the plate ,the at
83. The shoe of clazm 62, wherein the peripheral porUo_
least one wall being integral v,qth the plate
ofthc flex_le plate are rc.sumned from movement relative to
98 The shoe of claim 96, whereto the upper has an arch
theinterior
porUon atatleasttwo spaced apartpointsalong
a medial side of theshoe and atat leasttwo spaced apart 60 region, and further compnsmg an arch bridge mtegral with
Ihc plate, the arch bridge extending from a position prompointsalonga lateral
s:dcof theshoe,themtcnor pomon of
mate a forward portion of the plate, forward beneathat least
theplatebcmg locatedabove a pointbetween theatleast
two
a poruon of the arch region of the upper, the arch bridge
pointsalongthemedial sldeoftheshoe and theatleasttwo
having a bottom surface that is a[ least m part vks]ble from
pointsalong the lateral
slde of the shoe and beneath the
6s outside of the shoe
approximate center of the user'sheel
99 The shoe of clatm 96, whereto the rear sole has a
84 The shoe of claim83, wheretoupon thedeflecuonof
theinterior
poruon of theplate,
theatleasttwo pointsalong
rearward portionand an opposite
A 0134
forward portioncoonected
....
t .......
• .....................
US 6,604,300
B2
21
22
below the heel region, the rear sole having a bottom surface
at least a portion of which is ground engaging, the bottbm
surface including at least one substantially planar portion
and at least two portions non-plansr with the at least one
substantially
planar portion, the non- planar portions being
positmncd proximate
the perimeter of the rear sole and
separated from each other by other po,rtions of the bottom
surface, each of the non-planar portions being Jar!reed
upwardly from another portion of the bottom surface m a
direction toward the perimeter of the rear sole, one of the at
least two non.planar portions behag, proximate the rearward
portion of the rear sole and the other of the at least two
non-planar portions
the rear sole
being pmxmalite
the forward porlion of
100 The shoe of claim 93, further comprising at least one
wall extending m at least one of an upwardly chrectaon and
a downwardly
direction, the at least one wall being integral
with at least a pomon of the peripheral portxons of the plate
101. The shoe of clash 93, whereto the upper has an arch
region, and further comprising an arch budge integral with
the plate, the arch bridge extending from a posmon proximate a forward portion of the plate, forward beneath at least
a puritan of the arch region of the upper, the arch bridge
further having a bottom surface that is at least m part v_mble
from outside of the shoe
108 The shoe of claim 107, whereto upon the deflection
of the interior portion of the plate, the at least two points
along the medial side of the shoe and the al least two points
along the _atcral side of the shoe are daspla_eable in a
s dzrect/on
substanttdly parallel
to the ground.
109 The shoe of claim 93, whereto the peripheral portmns
of the flexible plate are restrained from movement relative to
the mtenor portion both along at least a portion of a medial
s_de and at least a pomon of a lateral sxde of the shoe and on
10 at least a portion of a forward facing porUon and a rearward
facing portion of the peripheral portions of the flexible plate
H0. The shoe of claim 93, wherein at least one of the
peripheral portions of the plate being restrained from movemeat xs along the upper surface of the plate and at least one
15 of the peripheral portaons of the plate being re_trained from
movement ts along the lower surface of the plate.
11_l The shoe of clams 110, whereto the peripheral
portions are both toward the'front of the shoe
112 ,Theshoe of claim 110, whereto the penpheral
the back of/he shoe.
20
porllons
are both toward
113 The shoe of claim 110, wherem the penphend
portaona are both on the lateral side of the shoe
114 The shoe of claim 110, whereto the peripheral
portions areboth on the mechal side of the shoe
25
102 The shoe of clams 93_ whereto the rear sole has a
rearwardportionand an oppositeforwardportmn connected
below theheelregion,therearsolehavinga bottom surface
atlent a po_on of whzch isground engagang,thebottom
surfaceincludingat leastone substantially
planarportlon 3o
and atleasttwo portao_ non-planarwith the atleastone
substantially
planarportion,
thenon- planarportionsbeing
pomtioned proximate the penmeter of the rear sole and
separatedfrom each otherby otherportaons
of thebottom
surface,each of the non-planarportionsbeing reclined
35
upwardly from anotherportionof thebottom surfacem a
darectlon toward the perimeter of the rear sole, one of the at
least two non-planar portmns being proximate the rearward
pomon of the rear sole, and the other of the at least two
non-planar portions being proximate the forward poruon of
the rear sole
103. The shoe of claim 93, further comprising at least one
sidewall above at least a port.ton of the bottom surface of the
rear sole, the at least one sadewall having at least one hole
therethtough
located on at least one of a lateral side, a medial
45
stde, and a rear of the shoe
104 The shoe of claim 93, whereto at least a substantial
portion of the peripheral
restrained from movement
the flemble plate.
porUons of the flexa'ble plate ts
relaUve to the mtermr portaon of
5o
105.The shoe ofclaim93,wheretothepenpheraiportlons
of the flexable plate being restrained from movement relative
to the interior poruon are at a point along a medaal side and
at a point along a lateral side of the shoe
106
portion
portions
relatwe
The shoe of claim 93, whereto a forward facing
and a rearward facing pomon of the peripheral
of the flexible plate are restrained from movement
to the interior pomon.
5s
107. The shoe of clann 93, whereto the penpherai portions
of the flex_le plate are restrained from movement relatwe to 60
the interior portion at at least two spaced apart points along
a medial side of the shoe and at at least two spaced apart
points along a lateral side of the shoe, the interior portion of
the plate being located above a point between the at least two
points along the medial side of the shoe and the at least two 65
points along the lateral side of the shoe and beneath the
approximate
center of the user's heel
115 The shoe of claim ,110, whereto the penpheral
portxous of the upper and lower surfaces are proximate one
another
126 The shoe of claim 1_15,whereto the capable of being
deflected interior porUon ts located between the pe.npheral
portaons of the upper and lower surfaces and a point beneath
a central portion of the heel region of the upper
117 A shoe comprmmg
an upper
having a heel region,
a rear sole secured below the heel region of the upper,
a flexible plate having upper and lower surfaces and
supported between at least a poruon of the rear sole and
at least a portmn of the heel regmn of the upper,
pehpheral portaons of the plate being restrained from
, movet0ent relalave to an interior porhon of the plate m
a chrcctton
substantially
perpendicular to a major axas
of the shoe so that the interior portion of the plate is
capable of being deflected relatave to the penpheral
poruous m a direction substantmlly perpeedacular to the
majq'r axis of the shoe, at least one portion of a cross
sectaonoftheplateperpendicular
toa major axLsofthe
shoe defininga curve m a dtrecuongenerallyfrom a
medial sxdeof theshoetoa lateral
side oftheshoe,and
an opemng m thebottom surfaceof therearsolelocated
beneaththe:nteraor
porUon oftheplatethatexposesthe
mtenor portmn of theplate
118 A shoe comprising
an upper having a heel region,
a rear sole secured below the heel regmn of the upper,
a flexible plate having upper and lower surfaces and
supported between at least a porUon of the rear sole and
at least a portzon of the heel region of the upper,
peripheral
portions of the plate being restrained
from
movement relaUve to an mtermr portion of the plate m
a threction substantially
perpendicular to a major axis
of the shoe so that the interior portion of the plate is
capable of being deflected relative to the penpheral
portions m a direction substauttally perpendicular
to the
major aXLSof the shoe, al least one port_on of a cross
section of theplate parallel tothemajor axis of theshoe
defining a curve m a dlrectmn generally from a front of
the shoe to a back of the shoe, and
A0135
t
......
US 5,604,300
B2
i
,
23
24
an opening in the bottom surface of the rear sole located
beneath the interior portion of the plate that exposes the
,,,
interior portaon of the plate
119, The shoe of claim 118, wherein the upper surface has
at least two oonvex portions, at least a portion of the ulver
5
surface being concave, the concave person of the upper
surface being located between the two convex portions, of
the upper surface
,
120 The shoe of claim 1.18, wherein the peripheral
porous
of the flexible plate are restrained from movement
t0
relative to the intenor portion at at least two spaced apart
points along a medtal side of the shoe and at at least two
a direction substantially pe_endicular
to a major axis
of' the shoe so that the intermr portion of the plate 'is
capable of being deflected relative to the peripheral
porttons m a direction substantially perpendicular to the
major axis of the shoe, the upper sarfa_ of the plate
being in at least substantial pad concave in shape, the
interior portion of the plate being positioned over a
void, and the lower sudace of the plate being at least in
part vim'ble from outside of the shoe; and
a stdewall that includes mldsole matenal located beneath
the plate, the sidewall having an exterior surface that is
at least tn part vmthle from outstde the shoe and an
interior surface that at least partaally defines the votd,
spaced apartpoints along a lateral
stde of the shoe, the
thesldewallfurther
havang atleastone openingthereinterior
portionof the platebemg locatedabove a point
throughon atleastone of a lateral
sideof theshoe,a ,
between the at least two points along the medial sade of the 15
medial stde of the shoe, and a rear of the shoe.
shoe and the at least two points along the lateral side of the
123 The shoe of claim 122, wherein the at least one
shoe ajad beneath the approxamate center of the user's heel,
openmg ts on both a medial ssde of the shoe and a lateral side
the at least two points along the medial side of the shoe and
of the shoe
the at least two points along the lateral side of the shoe being
124 The shoe of clams 122, wherein at least one opening
dtsplaceable
m a direction substanttaUy
parallel to the 20 ts on both a medial sade of the shoe and a lateral side of the
ground upon the deflect.ton of the mtenor port.ton of the
shoe, and on a tear of the shoe
, plate
125 The shoe of claim 122, whereto the vmd is vimble at
121 A shoe cgmprtstng
least m part from outstde the shoe through the at least one
i
an upper ha,nng a heel region;
a rear sole secured below the heel region
i
of the upper,
25
opening m the sadewall
126 The shoe of cram3 122, whereto the lower surface of
the plate ts visible at least In part from outside the shoe
a flexible plate having upper and lower surface, and
supported between at least a porhon of the rear sole and
through the at least one opening in the sidewall
127 The shoe of cla.tm 122, wherein the interior surface
at least a portion of the heel region of the upper,
peripheral porttons of the plate being re.strained from
of the sidewall ts viszblc at least m part from outside the shoe
movement relative to an lntertor portmn of the plate m 3o through the at least one opening m the stdewall
128 The shoe of clatm 122, whereto at least one portion
a dtrectton substantaally perpendicular
to a major axas
of a cross section of the plate perper, thcular to a major aim
of the shoe so that the interior poruon of the plate m
capable of bctng deflected relattvc to the peripheral
of the shoe defines a curve m a dlrectaon generally from a
porttons m a chrechon substantaally peq_endmular to the
mechal stde of the shoe to a lateral side of the shoe, at least
major ax'm of the shoe, tt least one portion of a cross 3s one pomon of a cross sectton of the plate parallel to the
sectaonofthcplateperpondlculartoamajor
axlsofthc
major ax_ of the shoe defining a curve m a direction
generally from a front of the shoe to a back of the sho_
shoe defimng a curve m a directton generally from a
129 The shoe of claim 122, wherein the at least one
medial
side
of the shoe
to a Isteral
sideof theshoe,at
leastone portionof a crossscclaonoftheplateparallel non-planarpomon has a ma._mum hnear dmaensmn less
to the major axas of the shoe defininga curve m a 4o thanthe greatest
wadth of thebottom surfacealong a hue
du_ctaongenerallyfrom a frontof theshoc toa back of
perpendicular
to a major axasof theshoe
theshoe, and
130 The shoe of claam 122,wherein thebottom surface
includes an outsole material that m ground engaging, the rear
an opening m the bottom surface of the rear sole located
sole including rmdsole material above the outsole material,
beneath the mtenor porhon of the plate that exposes the 45 at least a pottle- of the tmdsole material above the at least
mtertor porhon of the plate
one non-planar
portion being thinner than the m2dsole
122. A shoe compnstng
material above the at least one substanttally planar portion of
an upper having a heel regton,
the bottom surface of the rear sole
a rear sole secured below the heel regaon and hayrag a
131 The shoe of clam3 122, whereto the plate has at least
rearward port.ton, the rear sole further having a bottom so one opemng theretn
surface at least a portton of which is ground engagmg,
132 The shoe of claim 131, whereto the at least one
the ground-engaging
portion of the bottom surface
opemng has a center located beneath the approxamate center
including at least one substanhally planar portion and at
of the heel of the user
least one portion non-planar
wuh the at least one
133 The shoe of cintra 132, whereto the plate has mttltaple
substantmlly planar pomon, the at least one non-planar
55 elongated cut-out poruons therethrough
portaon being posluoned prox_nate a perimeter of the
134 The shoe of cintra 133, whereto the elongated cut-out
bottom surface and mchned upwardly m a directton
port, tons are oriented around the center of the opemng
toward the perimeter
of the bottom surface from
135 The shoe ofclatm 134, whereto the elongated cut.out
another portion of the bottom surface, the at least one
portions are evenly spaced around the center of the opening
non-planar
portion having an outer edge comcadent 50
136 The shoe of claim 135, whereto the elongated cul-out
wuh the perimeter of the bottom surface and being
porttons have a length and are oriented around the center of
located proxamate the rearward portion of the rear sole,
the opening such that the length is m a direction away from
a flexible plate having upper and lower surfaces and
the center of the opening and toward the periphery of the
posmoned between at least a portton of the rear sole
plate
and at least a portmn of the heel regton of the upper, 55
137 The shoe of cintra 136, whereto a meal-longitudinal
peripheral porttons of the plate being rcstrtmed from
axis along the length of the elongated cut-out porttons passes
movement relative to an interior portion of the plate in
through the approximate center of the opening
A 0136
US 6,604,300
B2
26
25
138. The
shoe of clann 122, wherein a portion
of the peript_eral portaons of the plate being restrained from
movement is along the lower surface of the plate.
156. The shoe of clatm 155, wherein the peripheral
of the
interior portion of the plate is thinner than a porUoo of the
peripheral
portions of the plate.
139. The shoe of claim 137, whereto the elongated cut-out
portions ar_,both toward the front of the shoe..
157 The shoe of clum 155, wherein the penpheral
portions are spaced around the center of the opening m a 5
l_ortions are both toward the back of the shoe.
star-like pattern.
158. The shoe of claim 155, whereto the peripheral
140. The shoe of claim 137, where_n the plate has sax
portaoos are both on the lateral side of the shoe
elongated cut.out porlaons around the center of the opegmg,
159. The shoe of claim 155, wherein the penpheral
the cut-out portions being oriented around the center of the
to poruons are both on the medial side of the shoe.
opening in 60-degree inca_en_.
160 The shoe of clatm 155, wherein the peripheral
141. The shoe of clatm 131., whereto the at least one
portions
of the upper and lower surfaces
arepmxmaate one
opening in the plate is at least m part visible from outstde the
another
shoe.
161.The shoe of chain 160,where thecapableof being
142 The shoe of chain L22, whereto the non-planar
re'tenor
portmn islocatedbetween theperipheral
pomon of the ground-engaging portion of the bottom sur- 15 deflected
face of the rear sole includes an interior edge, the mtetaor
edge being located proxzmate an opemng to the groundengaging portion of the bottom surface.
143, The shoe of claim 142, whereto the interior edge xs
at least in part curved
144 The shoe of claim 142, wherein the retorter edge is
at least in part arc-shaped
145 The shoe of claim 142, whereto the intenor edge
defines at least a portton of a circle
146 The shoe of claim 142, wherein the opening is
aubstantially
circular in shape_
147. The shoe of claim 142, wherein the rear sole has an
intoner sxdewail adjacent and extending upwardly from the
intoner edge of the non-planar
portmn of the groundengaging portion of the bottom surface
148. The shoe of cintra 142, whereto the intoner edge
defines a th.tckness of a layer of an out.sole material, the
out,sole layer having an upper surface and a lower surface,
the upper surface contacUng another port/on of the rear sole
and the lower surface comprising at least a portton of the
bottom surfaceof the rear sole
portions
oftheupper and lowersurfaces
and a pointbeneath
a central po_ton of the heel rcgton of the upper
162 A shoe comprising
an upper having a heel regmn and an arch region,
20
a rear sole
forward
rear sole
which ts
at least one substantially planar poruon and at least two
poruons non-planar vntb .the at least one substantxally
planar poruon, the non-planar
poruons being posittoned proxamate the perimeter of the rear sole and
separated
from each other by other portions of the
bottom surface, each of the non-planar portions being
mchned upwardly from another portion of the bottom
surface m a chrectmn toward the pcrtmeter of the rear
sole, one of the at least two non-planar portions being
prox3mate the rearward portmn of the rear sole, and the
other of the at least two non-planar poruons being
prbxlmate the forward portion of the rear sole,
2s
30
35
149. The shoe of clama 142, whereto the opening m the
ground-engaging portion of the bottom surface exposes a
wall that defines, at least m part,a truncated cone.
,_
150 The shoe of clatm 122, whereto the peripheral
portions of the fle_ble plate are restrained from movement
relative
to theinterior
portton along atleasta substantial
poraon of the peripheral pomons
151. The shoe of clatm 122, whelm
the Penpheral
porUomsof the flexible plate are restrained from movement 45
relatwe to the interior portion at a point along a medial slde
and at a point along a lateral side of the shoe
152 The shoe of claim 122, whereto a forward facang
posen
and a rearward facing portaon of the peripheral
50
pomons of the flexable plate are restrained from movement
relative
to the mt_nor portion.
153 The shoe of claim 122, whereto the penpheral
portionsof theflexible
platearerestrained
from movement
relative to the mterinr portion both at a point along a me_dml
sxde and at a point along a lateral sxde of the shoe and along ss
a forward facing portion and a rearward facing poruon of the
pertpheral portions of the Itemble plate.
154 The shoe Of cla.tm 12.2, whereto the peripheral
porUons of the flemble plate are restrained from movement
relatwe to the interior pomon both along at least a portion
60
of a medtal side and at least a portton ofa lateral sideof the
shoe aud on at least a ponxon of a forward facing portion and
at least a portion 'of a rearward facing portion of the
peripheral portloasof the llembleplate
155 The shoe of chart 122, whereto atleastone of the 65
peripheral
poruonsoftheplatebeing restrained
from movement isalong theupper surfaceof the plateand atleastone
ha,,qng a rearward portion and an opposite
poruon connected below the heel region, the
having a bottom surface, at least a poruon of
ground engagang, the bottom surface incluchng
a flexible
plate
having
upper
and lower
surfaces
and
supported between at least a poruon of the rear sole and
at least a portmn of the heel regton of the upper,
, peripheral pomona of the plate being restrained from
movement relatxve to an mtenor portion of the plate m
a direction substantmlly perpendicular
to a major ares
of the shoe so that the mtermr portion of the plate xs
capable o[ bcmg deflectedrelative
to the penpheral
port_ns m a darection substantaally perpencbcular to the
. major axm of the shoe,
an opening m the bottom surface of the rear sole located
beneath the interior portion of the plate to expose the
interior port.ton of the plate from outside of the shoe,
and
an arch brtdge integral wath the plate, the arch bridge
extendingfrom a positron
proxunate a forward porhon
of the plate, forward beneath at least a poruon of the
arch regaon of the upper, the an:h brtdge having a
bottom surface that ts at least in part visable from
outside of the shoe
163 The shoe of claim162,further
includingat least one
wall prox.unate at least a portton of the peripheral porhons
of the plate, the at least one wall being integral wath the plate
and extending in a downwardly directmn from the plate, the
downwardly
extcnchng wall contacting at least a porllon of
therearsole,atleasta port,onofthedownwardly extending
wall being visiblef_om outsideof theshoe
164 The shoc of claim163,further
includingatIcaslone
wall proxamateatleasta portionof theperipheral
porhons
ofthe plate, the at least one wall being integral wtth the plate
and extendingm an upwardly direction
from theplate,at
A 0137
---"I-
.................................
US 6,604,300
B.2
27
28
leasta portionof theupwardlyextendingwallbeingvtmble
from outsideof the shoe..
meat relative lo the mtenor poraon are st s point along a
medial side and at s point along a lateral side of the shoe.
182 The shoe of claim 162, whereto a forward facing
165. The shoe of claim 162, further including at least one
wall pmxlmate atleas_a portionof theperipheral
portions
of the plate, the at least one wall being integral with the plate S
and extenchng m an upwardly direction from the plate, at
least a portmn of the upwardly extending wall being v_ble
from outside of the shoe
166. The shoe of claim 162, wherein a suhststntisi po_on
of the bottom surface of 'the arch bridge us visible from 10
outside of the shoe
167 The shoe of cintra 162, wherein the bottom surface
of the arch bridge m vmible on 'a line perpendicular to' a
major axis of the shoe across a vadth of the arch badge
168 The shoe of clazm 162, whereto the arch badge has 15
proxunate at least one of a medxal side of the shoe and a
lateral stde of the shoe at least one wall integral with the arch
bndge and extending m an upwardly dlrechoo
169 The shoe of claun 168, whereiO at least a portion of
the upwardly extending wall of the arch bndge us connected
to the arch region of the upper.
170 The shoe of clams 168, whereto at least a portion of
the upwardly extenchng wall of the arch badge m vmble
from outstcle of the shoe
171 The shoe of claun 170, whereto the arch bridge has
prox..mate at least one of a medial stde of the shoe and a
lateral stde of the shoe al least one wall integral with the arch
bnclge and extending m a downwardly duectxon, at least a
porUon of the downwardly extending wall of the arch badge
being vistble f_om outsde of the shoe
172 The shoe of claim 162, whereto the arch brtclge has
prom.mate at least one of a medml side of the shoe and a
lateral side of the shoe at least one wall mtegral wnth the arch
badge and extending m a downwardly dtrecuon, at least a
pomon of the downwardly extenchng wall of the arch badge
being v_ble from outstde of the shoe
173 The shoe of clatm 168, further including at least one
wall prox3mate at least a poruon of the pcnpheral porUons
of the plate, the at least one wail being integral w'lth the plate
and extending m an upwardly dn'cctmn from the plate
174 The shoe of clatm 173, whereto the upwardly extendmg wall of the arch bndge us adjacent the upwardly extendmg wail of the plate
175 The shoe of claim 173, whereto the upwardly extendmg wall of the arch badge ts integral wtth the upwardly
exteuchng wall of the plate
176 The shoe of clatm 175, whereto at least a portton of
portionand,s rearward facing portxonof the peripheral
portionsof the flexible plate are restrained from movement
relaave to the' interior portron
183 The shoe of clatm 162, whereto the peripheral
portions of the flexible plate are restrained from movement
relauve to the interior porhon both at a point along a medial
stde and a lateral side of the shoo and along a forward factng
portion and a rearward facing poruon of the peripheral
portion of the flexible plate
184 The shoe of claim 162, whereto the peripheral
portions of the flexible plate are restrained from movement
relauve to _he interior portionboth along at l_ast a porUon
of a medial side and a lateral side of the shoe and on at least
a porhon of a forward facing portion and a rearward facing
porUon of the peripheral pomon of the fiex_le plate.
185 The shoe of claim 162, whereto at least one of the
20 peripheral portions of the plate being restrained from movement m along the upper surface of the plate and at least one
of the peripheral pomona of the plate being restrained from
movement is along the lower surface of the plate
186 The shoe of clalm 185, whereto the penpheral
25 poruons ar_ both toward the _ont of the shoe
187 The shoe of claxm 185, whereto the peripheral
pornons are both toward the back of the shoe
188 The shoe of clazm 185, whereto the penpheral
porUons arc both on the lateral side of the shoe
189 The shoe of cla.un 185, whereto the penpheral
30
portions are both on the medial side of the shoe.
190 The shoe of claim 185, whereto the peripheral
porUons of the upper and lower surfaces are proxamate one
another
191. The shoe of claun 190, whereto the capable of hemg
3s
deflected interior po_on ts located between the penpheral
portions of the upper and lower surfaces and a point beneath
a central ponton of the heel region of the upper
192 A shoe comprusmg
an upper' having a hnel region,
a rear sole secured below the heel region of the upper, and
45
the upwardly extending wall of the arch bndge and at least
a poraon of the upwardly extending wall of the plate are
so
wslble from oumde of the shoe
177 The shoe of claim 162, wherein further compnsmg
at least one mdewall above at least a portion of the bottom
surface of the rear sole, the at least one stdewail having at
least one hole therethrough located on at least one of a lateral
55
s_de, a medusl side, and a rear of the shoe
178 The shoe of claim 177, whereto the at least one hole
includes at least two holes, at least one of the at least two
holes bemg on the medtal sxde of the shoe and at least one
of the at least two holes being on the lateral side of the shoo
179 The shoe of claim 162, whereto a substantial pomon
of the peripheral portions of the flextble plate are restrained
from movement relaUve to the mtenor poruon of the flexable
a fiex_'ble plate having upper and lower surfaces
supported between at least a portion of the rear.sole
at least a pomon of the heel regina of the'upper,
and
and
at least a porUon of the pertphery of the plate being
restrained from movement m a substantially verUcal
chrection relative to an mtenor poruon so that the
mterior portion of the plate is capable of being
deflected relative to at least a portion of the restrained
periphery m a substantially verUcal du'ectton, and
supporting structure located proxunate the plate having at
least one wall extending m a downward dtrecUon to at
least parUaily define a recess, at least a poruon of the
rearsolesecuredm therecessof thesupportingstructure.
193 The shoc of claim 192,wheretothe mtenor portion
of theplate_ positionedover a vold
194 The shoe of clazm193, wheretoatleastone portion
6o ofa crosssectionoftheplateparallel
tothemajor axisofthe
shoe definesa curvem a dlrecuongenerallyfrom a frontof
theshoe to a back of theshoe
195 The shoe of claun 194, whereto the platehas an
plate
upper surface wnh at least two convex portions, at least a
180 The shoe of clam 162, whereto the flexable plate has
65 portmn of the upper surface hemg concave, the concave
substanttally Its entire penpheral portton restrained
181 The shoe of clann 162, whereto the pcnpheral
portion of the upper surface being located between the two
convex portions of the upper surface
po_oas of the flexible plate being reslramed from move-
A 0138
t
US 6,604,300
i
29
B2
30
196. The shoe 'of claim 195, wherein the portion of the
,,,periphery
of the plate being restrained
from movement
relative to the interior portion includes at at least two spaced
apart points'along a medial side of the shoe and at at least
two spaced apart points along a lateral side of the shoe, the
interior portion of the plate being located above a point
between the at least two points along the medial ade of the
sho_ and the at least two points along the lateral s,de of the
shoe and beneath the appmmmate center of the nsers heel
197. The shoe of claim 196, wherein upon the deflectaon
of the interior portion of the plate, the at least two points
along the medial side of the shoe and.the at least two points
along the lateral szde of the shoe are dksplaceable m a
direction substanttally parallel to the ground
198 The shoe of claim 196, whereto the upper has an arch
region, and further composing
an arch bridge integral wath
the plate, the arch bridge extending from a position pintamate a forward portmn of the plate, forward beneath at least
a portion of the arch region of the upper, the arch bndge
having a bottom surface that is at least in part visible from
outside of the shoe
capable of being deflected relative to the periplaeral
portions in a direction substantially perpendicular to the
major axis of the shoe, at least a portion of at least one
cross-section of the plate defining a curve, the interior
portion of the plate being positioned over a void, and
the lower surface of the plate being at least in part
visible from outside of the shoe, the plate having at
least one opening thereto, the at least one opening
having a center locatedbeneath the approximatecenter
of the user's heel, and
5
10
t5
20
a sidewall that includes midsole material located beneath
the plate, the sidewall having an extenor surface that ts
at least m pad v_ble
from outside the shoe and an
mtenor surface that at least partially defines the void,
the sidewall further having at least one opening therethrough on at least one of a lateral side of the shoe, a
medial side of the shoe, and a rear of the shoe
205 The shoe of claim 204, wherein the at least Om
opening m the s,dewall is on both a medial stde of the shoe
and a lateral stde of the shoe
206 The shoe of claim 204, wherein the at leasl one
opening m the sidewall m on both a medial stde of the shoe
and a lateral side of the shoe, and on s rear of the shoe
207 The shoe of claim 204, wherein the vosd m vmible at
least m part from outside the shoe through the at least one
opening m the sidewall
208 The shoe of claim 204, wherein the lower surface of
the plate m vmlble at least in part from outside the shoe
through the at least one opening m the stdewaLI.
209 The shoe of claim 204, whereto the interior surface
of the sidewall is v_slble at least m part f_om outsade the shoe
through the at least one opening m the sidewall.
210 The shoe of claim 204, whereto the at least one
non-planar portion has a mammum hnear dmaension less
than the greatest width of the bottom surface along a line
perpendicular to a major axes of the shoe
211 The shoe of claim 204, whereto the bottom surface
includes an outsole material that ts ground engaging, the rear
sole mcluchng madsole material above the outsole material,
at least a portmn of the madsole material above the at least
one non-planar
portion being thinner than the midsole
material above the at least one substanlaally planar poruon of
the bonom surface of the rear sole
199. The shoe of claim 198, further composing
at least
one sxdewall above at least a portmn of the bottom surface
of the rear sole, the at least one sidewall having at least one
hole therethrough located on at least one of a lateral side, a
25
methal side, and a rear of the shoe
200 The shoe of claim 199, further composing at least
one wall proxtmate at least a portaon of the periphery of the
plate and extending m at least one of an upwardly dn'ectaon
and a downwardly dtrectmn from the plate, the at least one
30
wall being integral with the plate
201. The shoe of claim 200, whereto at least one portaon
of the penphery of the plate being re_t[_med from movement _s along the upper surface of the plate and at least one
other porUon of the periphery of the plate b'emg restrained 3s
from movement is along the lower surface of the plate
202 The shoe of clama 201, whereto the portmns of the
periphery of the upper and lower surfaces being restrained
from movement are proxamate one another.
203 The shoe of claim 202, where the capable of being
deflected interior pomon m located between the portmns of
the periphery of the upper and lower surfaces
being
restrained and a point beneath a central portaon of the heel
region of the upper.
212 The shoe of clama 204, whereto the plate has multiple
204 A shoe comprising
45 elongated cut-out portloastherethrough.
an upper having a heel region;
213 The shoe ofclaun 212, wherein the elongated cut-out
a rear sole securrxl below the heel rug,on and havang
portions are onented around the center of the opening
_ai'ward portion, the rear sole further having a bottom
214 The shoe of claim 213, whereto the elongated cut-out
surface at Mast a portion of which is ground engaging,
poruons are evenly spaced around the center of the opening
the ground-engaging
portmn of the bottom surface 50
215 The shoe of clama 214, wherein the elongated cut-out
including at least one substanttaily planar portaon and at
pomona have a length and are oriented around the center of
least one podion non-planar
wath the at least one
the opening such that the length ts in a drrectton away from
subslantlally planar portion, the at least one non-planar
the center of the opening and toward the periphery of the
port,on being postaoned proximate a penmeter of the
plate
bottom surface and reclined upwardly
in a direction 55
216 The shoe of claim 215, whereto a mad-longitudinal
toward the perimeter of the bottom surface from
axas along the length of the elongated cut-out portions passes
another portmn of the bottom surface, the at least one
through the approxmaate center of the opening
non-planar portmn having an outer edge comcadant
217 The shoe of claim 204, whereto a portmn of the
wath the perimeter of the bottom surface and being
interior portion of the plate Is thinner than a poruon of the
located proximate the rearward portmn of the rear sole, ,_0 peripheral portions of the plate
a flexible plate having upper and lower surfaces and
218 The shoe of claim 216, wherein the elongated cut-out
posit,oned between at least a portton of the rear sole
poruons are spaced around the center of the opening m a
and at least a portion of the heel region of the upper,
star-lake pattern
peripheral portions of the plate being restrained from
219 The shoe of claim 216, wherein the plate has six
movement relative to an interior portion of the plate in 65 elongated cut-out portmns around the center of the opening,
a direction substantially perpendicular
to a major axas
the cut-out portmns being onented around the center of the
of the shoe so that the interior portmn of the plate zs
opening m 60-degree increments
A 0139
.........
i.............................
US 6,604,300
B2
32
31
220. The shoe of claim 204, whereto
the at leasl one
opening in the plate is at least in part visible _om outsidethe
shoe.
221. The shoe of claim 204, wherein the non-planar
portion of the gmund._ngaglng
portion of the bottom _._r-
face of the rear sole includes an mtenor edge, the interior
edge being located proximate an opening m the groundengaging portion of the bottom surface.
222. The sboe of claan 221, whereto the mterzor edge is
at least m part curved
,,
223 The shoe of clau:n
221, wheretothemtermr edge ts
at least in part arc-shaped
,
224 The shoe of clazm 221, whereto the mtenor edge
defines at least a po_on of a cucle.
225 The shoe o[" claun 221, whereto the opening
substanUally cucular shape
226 The shoe of clam 221, whereto the rear sole has an
interior sidewall adjacent and extending upwardly from the
interior edge of the non-planar
por_lon of the groundengaging porUon of the bottom surface
227 The shoe of claim 221, whereto the mtenor edge
defines a thlckae, ss of a layer of an outsole material, the
outsole layer having an upper surface and a lower surface,
the upper surface contacting another porUon of the rear sole
and the lower surface comprising at least a portton of the
bottom surface of the rear sole.
228 The shoe of cintra 221, whertm the opening m the
ground--engaging poruon of the bottom suxface exposes a
wall that defines, at least m part, a truncated cone
229 The sho¢ of cintra 204, whereto the peripheral
po_oas of the flexable plate are re.strained from movement
relative to the interior portion at a point along a me,d_al stde
and at a point along a lateral rode of the shoe
230 The shoe of claim 204, whereto a forward hcmg
pomon and a rearward facing portmn of the pcnpheral
pomon.s of the flemble plate are restrained from movement
relaUve to the mtenor pomoo
231
The shoe of claim
204,
wherein
the peripheral
portrons of the flexible plate are restrained f_rom movement
relative to the interior poruon both at a point along a medud
side and at a point along a lateral side of the shoe and along
5 .a forward fac_, g portlon and a rearward facing portmn of the
peripheral portions of the flexible plate
232 The shoe of cla_ha 204, whereto the penpheral
porUQns of the flemble plate are restrame.d from movement
10 relative to the interior portmn both along at least a porhon
of a medzal side and a! least a porhon of a lateral sade of the
shoe and on at least a pomon of a forward facing porUon and
at least a poruon of a rearward facing portion of the
peripheral portions of the flexible plate
15
233 The* shoe of claim 204, whereto at le_t one of the
peripheral portions of the plate being restrained from movement is along the upper surface of the plate and at least one
of the peripheral poruons of _he plate bcmg restrained from
movement m along the lower surface of the plate
20
234 The shoe of claim 233, whereto the peripheral
po_ons arc both toward the front of the shoe
235 The shoe of claim 233, whereto the peripheral
portmas art both toward the back of the shoe
236 The shoe of clam 233, whertm the penpheral
po_ons
23"/
portions
238
ar_
The
'arc
The
both on the lateral side of the shoe
shoe of claim 233, whereto the penpheral
both on the medial side of the sho¢
shoe of claim 233, whertm
the penpheral
30 ponmns of the upper and lower surfaces are proxunate one
another
239 The shoe of claim 238, whertm the capable of being
deflected mtcnor poruon m located between the peripheral
po_ons of the upper and lower surfaces and a point beneath
3s a central portion of the heel region of the upper.
A 0140
HHIlUI timlHHHHUln[I IIImH
US006662471B2
United
States Patent
(10) Patent No.:
(45) Date of Patent:
Meschan
(54)
ATHLETIC
SHOE WITH IMPROVED
STRUCTURE
HEEL
FOREIGN
CH
(75)
Inventor:
(73)
Assignee
(.)
Notice.
David
F, Meschnn,
Greensboro, NC
DE
DE
DE
(US)
Akevn, L.LC.,
Greensboro, NC (US)
This patent tssued no a
ecution applicaUon filed
1 53(d), and Is subject to
patent term provtstons
154(aX2).
continued prosunder 37 CFR
the twenty year
of 35 U.S.C
Subject to any d_sclaimer, the term of tl:z_
patent ts extended or adjusted under 35
U.S.C 15403 ) by 0 days.
(21)
Appl. No." 09/419,641
(22)
Fded
DE
DE
FR
GB
GB
GB
GB
OB
GB
JP
JP
JP
(63)
Prior Publication
Data
U.S. Application
(51)
(52)
Int. CI. _ ............................
U.S. CI................
(58)
Field of Search ..................
36/42, 39, 36 R,
36/36 A, 27, 31, 35 R, 15, 37, 69, 41, 36 C,
34 R, 25 R, 10O, 107, 103, 105, 38
References
434 029
648339
693 394
947054
2 IS4 951
2 742 138
533972
25728
63342
83342
229 884
1 540 926
2 144024
62-41601
62-200904
5-18965
10/1967
7/1937
?/1940
7/1956
5/19/3
3/1979
3/1922
11/1909
2/1911
2/1911
3/1924
2/1979
2/1985
10/1987
12/1987
5/1993
36/27;
(Lint cootmued on next page.)
Primary Exanuner--Ted
Kavansugh
(74) Attorney, Agent, or Firm-.Martin
A43B 13/28
36/28, 36/35 R
(57)
Cited
A
7/1865
A
11/1879
A * 2/1887
A
11/1892
A
4/1895
Hayward el el
Mttehell elel.
Bucb ...
Heoper
Smtth
(List continued
on next page )
& Ferraro, LLP
ABSTRACT
A shoe includes a rear sole support for receiving a replaceable rear sole to provide longer wear. The shoe may also
include a flexible plate supported by the rear sole support
between the heel and the rear sole to reduce mtdsole
compression
and provide addtUonal spring. A mounting
member secures the rear sole to the rear sole support, and a
loclong member prevents rotatton of the rear sole relaUve to
the rear sole support during use The replaceable tear sole
and the flexible plate aUow the shoe to be adapted to
different desired performance
charactensucs
depending
upon the intended acuv3ty and terrain or playing surface
U S PATENT DOCUMENTS
48,682
221,.592
35"/,062
485,813
537,492
PATENT DOCUMENTS
AVIA 1989 Catalog excerpt
AVIA Fall 1991 Footwear Catalog
Data
Contmudttou of spphcattoa No. 09/149,142, filed on Sap 8,
1998, now Pat No 5,970,67.8, which i_ a tx_ntinunUonof
_o.hcntion No 08/542,251, filed on Oct. 12, 1995, now PaL
5,806,210
(56)
B2
*Dec. 16, 2003
Etonic Spring 1996 Footwear catalogue.
Mizuno Sport Shoe Catalog (1986)
Etomc Spring Sport Shoe Catalog, p 4, (1993)
Expert Declaratmn of' Jerry D Stubblefield dated Jul. 30,
2002.
US 2003/D208927 A1 Nov. 13, 2003
Related
6,662,471
OTHER PUBLICATIONS
Oct. 18, 1999
(65)
US
36/38
32 Claims,
.,°"
A 0141
29 Drawing
Sheets
US 6,662,471
Fage
us
PATENTDOCUMENTS
652,88'7 A
711900
674,636 A
5/1901
789,089
A
5/1905
818,861
A
4/1905
990,458
A
4/1911
1,046,815
A
12/1912
1,062,.338 A
5/1913
1,088,328
A • 2/1914
1,112,635
A
10/1914
1,316,505
A
9/1919
1,318,247
A
10/1919
1,346,841
A
7/1920
1,366,601
A
1/1921
1,.371 339 A
3/1921
1,410 364 A
3/1922
1,439 757 A
12/1922
1,439.758
A
12/1922
1,444,677
A
2/1923
1,458257
A
6/1923
1,479 773 A
1/1924
1,501 765 A
7/1924
1,516 384 A
11./1924
1,542,174 A
6/1925
1,611,024
A
12/1926
1,62_5,048 A • 4/1927
1,721,714
A
7/1929
1,811,641
A
6/1931
2,002,08"7 A
5/1935
2,003,646
A
6/1935
2,078,311
A
4/1937
2,119,807
A
6/1938
2,148,974
A
2/1939
2,208,260
A
7/1940
2,288,168
A
6/1942
2,3CO,635 A
11./1942
2,374,954
A
5/1945
2,446,627
A
8/1948
2,44760"3 A
" 8/1948
2,491 _
A
12/1949
2,-5130302 A
3/1950
2,508318
A • 5/1950
2,540 449 A
2/1951
2,556.842
A
6/1951
2,607 134 A
8/1952
2,628 439 A
2/1953
2,707 341 A
511955
2,745 19'7 A
5/1956
2,806 302 A
911957
2`998,661
A
9/1961
3,083,478
A
4/1963
3,085,359
A
4/1963
3,087,265
A
4/1963
3,169,327
A
2/1965
3,171,218
A
3/1965
3.208,163
A
9/1965
3,237,321
A
3/1966
3,271,885
A
9/1966
3,318,02.5 A
5/1967
3,432,158 A
3/1969
3,455,038
A
7/1969
3,478,447
A
11/1969
3.514,8"79A
6/1970
3,566,489
A
3/1971
3,593.436
A
711971
3,646,497
A
2/1972
3,664 041 A
5/1972
3,775,874
A
12/1973
3,782,010
A
1/197"*
3.804,099
A
411974
3,928,881
A
12/1975
Buuerfield
Ptiealman
Frank
Beck e_ al
Scholl
Lavme
Xa_e
C.ucc_aorta
May
O'Nedl
Viclor
Padden
Selhn
Amtz et al
Hunt
Redmaa
Redman
Fischer
Van Melle
Caaig
F tce._
Kamada
Robldoux
Gnmaldi
Hock
Ross
Mexcelle
Esie.rsoa
De Blaslo
•
. 36/28
• 36[_
Boa 8
Farley
WysowsJo
Hayden
Leu
Shepherd
Plpltor_
Blea
Snyder
Rolb
Viceat¢
Wallach
Kaufmauo
Gdmour
36/38
36/38
l.anger
Rocbhn
Romano
Holt
Sharp_
ISrael
Rakus
Rubens
McKinley
Fukuoka
D'Urbano
Rubens
Mc.Kmley
McAul_e
Antelo
McMahon
K._dan
Gdead
Ftattallone
el al
Morley
V]eta$
Gdhk.m
Fraltallone
Frattallone
Franallone
Hall
Bente
A 0142
B2
2
3,988,840
4,043,058
4,O62,132
4,067,123
4,098,011
4,102,061
4,168,585
4.214,384
4,224,749
A
A
A
A
A
A
A
A
A
1111976
8/19"/'7
12./1977
1/1978
7/1978
7/1978
9/1979
7/1980
9/1980
MlaiMne
Holllster et d.
Kimmu_wsk_
Mteibaae
Bowermaa
Saamto
Gleichnet
Goazalez
Dmz-Ca_
4,258,480
4,262,434
4.263,728
4,267,650
A
A
A
A
3/1981
4/1981
4/1981
5/1981
Famolare, Jr.
Michelottt
Freo:ntese
Bauer
4,288,929 A
4,320,588 A
9/1981
311982
Norton e¢ al
Souolana
4,322,894
A
4,322,895
A
4,363,177
A
4,372,058
A
4.377,042 A
4,378,643
A
4,391,048
A
4/1982
4/1982
12/1982
2/1983
3/1983
411983
7/1983
Dykes
Hockentoa
Bolos
S_ubblefieM
Bauer
Johnson
Lutz
4,393,605
4,399,620
4,414,763
4,429,474
4,449,307
4,455,765
4,455,766
A
A
A
A
A
A
A
7/1983
8/1983
11/1983
2/1984
5,/.1984
6/'1984
611984
Spteo 8
Fuack
Barite
Metro
Stubblefield
Sjo_ward
Rubens
4,486,964
4,510,700
A
A
12/1984
4/1985
Rudy
Brown
4.530.1"73
4,534,124
4,541,185
4,546,.556
4,.550,.510
4,561,195
4,598,487
4,606,139
A
A
A
A
A
A
A
A
711985
8/1985
911985
10/1985
11/1985
12/1985
711986
8/1986
Jesmsky, Jr
S,chnell
Chou
Sa,tbblefield
Stubblefie.ld
Oaoda et el
Mmev_h
Silve_
4,608,768
4"610,100
4"622,764
4,638,575
A
A
A
A
9/1986
9/1986
1111986
1/1987
Cawmagh
Rhodes
BouleT
nlustrato
4,642,917
4,680,876
4,706'392
4,709,4.89
A
A
A
A
2/1987
7/1987
1111987
12/198"7
Uagal
Pang
Yaa 8
WeRet
4,712,314
A
4,741,114
A
4,745,693 A
4,756,095
A
4,776,109
A
4,778,717
A
4,785,557
A
4,811,500
A
4,815,221
A
4,843,737
A
12/1987
5/1988
5/1988
7/1988
10/1988
10/1988
11/1988
311989
3/1989
7/1989
Stsoloff
Stubblefi¢ld
Bmw_
LakJ¢
Sacra
Fi_h,muo
Kelley e_ aL
Men.trio
Dtaz
Votderer
4,845,863
4,866,861
4,875,300
A
A
A
7/1989
911989
10/1989
YUag-Mao
Noone
Kaz2
4,878,300
4,879,821
A
A
11/1989
11/1989
Bogaty
Graham et a!
4,881,329
4,887,367
4,936,028
A
A
A
11/1989
12/1989
611990
Crowley
Mackae_
Posach
4,979'3J9
4,995,173
5,005,300
5,014,449
RE33,648
A
A
A
A
E
12/1990
2/1991
4/1991
5/1991
7/1991
Hayes
Splat
D_az et al
Rtchard el al
Brow'o
5,052,130
A
10/1991
Barry
et al
et el
US 6,662,471
Page
5,07O,629
A
12/1991
5,1}83,385
5,O86,5"74
A
A
111992
2/1992
5,092,060
5,179,791
A
A
3/1992
Frachey
111993 Late
5,185,943
5,191,727
5,197,206
5,224,277
A
A
A
A
2/1993
3/1993
3/1993
7/1993
5,7.55,451
5,319,866
5,325,611
5,343,639
A
A
A
A
10/1993
6/1994
7/1994
9/1994
5,.q$3,523
5,367,792
A
A
10/1994
11/1994
5,381,6_
5,402,588
5,425,184
5,435,079
5,469,638
5,.528,842
5,560,126
5,615,497
5,722,186
5,806,210
5,829,172
A
A
A
A
A
A
A
A
A
A
A
1/1995
4/1995
6/1995
" 7/1995
11/1995
6/1996
10/1996
4/1997
3/1998
" 9/1998
11/1998
°
Graham et el.
5,970,628
6,568,102
Bedford
Bacclaocehl
Do
A
BI
* 10/1999
* 5/2003
OTHER
el el
Declaration
of Takaya
Mmehan
....................
Healy el ai .............
36/42
36/28
PUBLICATIONS
Kimura
(Civil
Action
File
No
1:00
cv 009_8).
Tong et el
Barry et al
Shorten
Sang
B2
3
.....
...
36/27
Tong et al
Foley et al
Dyer el al
lr_gom ct el
g.ilgore et a]
Richard el al
Sports
Shoe
catalog
excerpts
(MIZJP
Mzzuao
1986
02532,..02537)
Sports
Shoe
catalog
excerpts
(MIZJP
Mizuno
198"7 Athletic
02538-02546)
Footwear
catalog
excerpts
(MIZJP
Mtzuno
1988
02547.--02549)
Footwear
catalog
excerpts
(NIIZYP
Alhletzc
Mlzuno
1991
All
Line-Up
0255O--O2556)
Ivhzuuo
1992
Run--Bird
All
(MIZJP 02557-02559)
C]averia
Graham et el
Lyden et at
Gallegos
....
Craw'ford, Ill
l_ccl ¢1 al
Meschau e.t al
Meschan
Brown
Mes_au
.....
Kaneko
MIzuno
1985
02524--02531).
36/38
• 36/36 R
lane-Up
excerpts
(MIZJP
catalog
excerpts
Miz_no
1993 All-Line-Up
catalog excerpts
02560--02564)
Runner's
World
1989
Spnng
Shoc
Survey
135893--M]Z
135902)
4 photographs
of shoes sold m the United States
fihng date of the above--referenced
apphcatmn.
• cited
A 0143
catalog
by examiner
(MIZJP
(MIZ
prior to the
U.S.
Patent
Dec. 16, 2003
Sheet 1 of 29
¢X3
C_J
A 0144
US 6,662,471
B2
U.S. Patent
Dec. 16, 2003
Sheet 2 of 29
US 6,662,471
9O
26
I
I
66
I("74 r76
64_,
68
62
72
i
I
_/28
FIG. 2
A 0145
B2
U.S. Patent
Dec. 16, ;_003
Sheet 3 of 29
US 6,662,471
B2
O0
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A 0146
LL
U.S. Patent
Dec. 16, 2003
Sheet
¢D
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A 0147
4 of 29
US
6,662,471
B2
U.S. Patent
Dec. 16, 2003
Sheet 5 of 29
GO
C_J
A 0148
US 6,662,471
B2
UoSo Patent
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2003
Sheet
6 of 29
US
6,6629471
B2
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A 0149
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A 0150
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A 0151
US 6,662,471
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U.S. Patent
D_
16, 2003
Sheet 9 of 29
US 6,662,471
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FIG. 9
A 0152
B2
U.S. Patent
28,
/
Dec. 16, 2003
Sheet 10 of 29
US 6,662,471
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FIG. IOA
A0153
B2
U.S. Patent
Dec. 16, 2003
Sheet 11 of 29
US 6,662,471
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52
FIG. lOB
A 0154
B2
U.S. Patent
Dec.16, 2003
Sheet 12 of 29
52
FIG. 10C
A 0155
US 6,662,471
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U.S. Patent
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A 0157
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B2
U.S. Patent
Dec.16,
2003
Sheet 15 of 29
O3
A 0158
US 6,662,471
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U.S. Patent
Vec. 16, 2003
Sheet
16 of 29
US
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U.S. Patent
Dec. 16, 2003
Sheet
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U.S. Patent
Dec. 16, 2003
Sheet
18 of 29
US
6,662,471
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280
FIG+ 16A
I
282
284
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FIG° 16B
A 0161
U.S. Patent
Dec. 16, 2003
Sheet 19 of 29
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A 0162
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Dec. 16, 2003
Sheet
A 0163
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_2
U.S. Patent
Dec.16, 2003
Sheet 21 of 29
FIG. 19A
190
F/G. 19B
A 0164
US 6,662,471
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U.S. Patent
Dec. 16, 2003
Sheet
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US
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A 0165
6,662,471
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16, 2003
Sheet 23 of 29
31
4 306
US 6,662,471
312
(.-312A
314
FIG.
21
A 0166
B2
U.S. Patent
Dec. 16, 2003
Sheet
8
A 0167
24 of 29
US
6,662,471
B2
U.S. Patent
Dec. 16, 2003
Sheet 25 of 29
FIG. 23A
31
32C
FIG. 23B
FIG.
23C
A 0168
US
6,662,471
B2
U.S. Patent
Dec. 16, 2003
Sheet 26 of 29
US 6,662,471
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I
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FIG. 24
A 0169
312
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U.S. Patent
Dec. 16, 2003
Sheet
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A 0170
US
6,662,471
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U.S. Patent
Dec. 16, 2003
Sheet 28 of 29
US 6,662,471
36
90
600
382
384
I
I
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FIGo 26
A 0171
B2
/lll....
U.S. Patent
Dec. 16, 2003
Sheet 29 of 29
US
6,662,471
B2
600
_
f606
_ _ .-
FIG. 27A
600
.._606
.-
604<60
X'O
FIG. 27B
A 0172
US 6,662,471
ATHLETIC
SHOE WITH IMPROVED
STRUCTURE
HEEL
This is a continuation of application Set. No. 09//49,142,
filed Sep 8, 1998 now U.S. Pat. No. 5,970,638 which is a
continuation of Pat. No. 5,806,210 Ser. No. (08/542,2.51,
filed Oct. 12, 1995) all of which are incoq_oratc.d herein by
reference
BACKGROUND
B2
2
1
OF THE INVENTION
1 Field of the Invention
The present mvenuon relates generally to multi-purpose
athletic shoes and, more particularly, to athletic shoes v_th
interchangeable/detachable
rear soles that provide extended
and more versatde life and better performance in terms of
cushmning and spnng
2 Discusmon of the Related Art
heel section, in particular, has entin=ly different needs and
requiremenls from the rest nf the shoe sole which derive in
substantial partfrom its rate of deterioration
Other designs, which are principally dinned
to shoes
having, relatively hard heel and outsol¢ (e.g., dress shoes),
disclose rear soles that are detachable and which can be
rotated when a portion of the rear sole becomes worn. Such
designs, however, have never caught on m the marketplace
because )t _ stmply mo easy and relatively i.ncxpeosxve to
_0 have the entzre heel nn such footwear replaced at a commerctal shoe repatr shop.
It zs ddFicnlt to adapt such _dress shoe" designs to athlehc
shoes for various reasons. One reason is that the Soft,
resdient matenals utilized in athletic shoe soles make tl
15 extremely dt_cull to devise a mecham.qn for detachably
securing heel elements to each other without adversely
affecting the cushzomng and other desued properties of the
shoe On the other hand, utihzatmn
of hard materials in
athletic shoes tends to increase we)ght and decrease comfort
Athletic
shoes,suchasthosedesignedforrunning,
teams,
basketball, crabs-training, hiking, walk3ng, and other forms 20 and performance
For example, U S Pat No 1,439,7'58 to Redman dtsof exerc'=se, typically include a laminated sole attached to a
closes a detachable rear sole that ts secured to a heel of the
soft and pliable upper The sole usually includes an abrastonshoe with a center screw that penetrates
the bottom of the
reststant, rubber outsole attached to a cus_onmg
madsole
rear sole and which _s screwed into the bottom nf the heel of
usually made of polyurethane, ethylene vinyl acetate (EVA),
or a rubber compound
25 the shoe Such a design cannot be used m athleUc shoes
because the center screw would detrimentally affect the
One of the principal problems a_xtated
wlth atbleuc
cushmnmg propemes of the re.b-client midsole and may
shoes zs wear to both theoutsole and mtdsole. A user rarely
possibly be forced rata the heel of the user when the m.tdsole
has a choice of runningorplayingsurfaces,
and asphalt
and
m comp_d
dunng use Furthermore, a center screw does
other abrasive surfaces take a tremendous toll
on the outsole
hule for peripheral adherence of the sole to the shoe heel m
This problem
ts exacerbated by the fact that, wzth the 30
the Case of restlient materials
exception of the tenms shoe,the m_t pronouncedoutsole
Another trumm m the alhletzcshoe industry ts that, whde
wear formost users,on runmng shoes m pamcular,occurs
cushmn)ng
has recezved a lot of attentxon, spring has
pnnclpaily in two places the outer penphery of the heel and
rece:ved very httle, despite the fact that materials like
the ball of the foot, with heel wear being, by far, a more
acute problem because of the great force placed on the heel 35 graphite and various forms of graphite composite possess
the proper charactenstzes for spnng enhancement without
dunng the gait cycle In fact, the heel typically wears out
increasing wezght One reason may be the percezved tenmuch faster than the rest of the athleuc shoe, thus requmng
deocy of graphite or graphite compomte to crack under
replacement of the entue shoe even though the bulk of the
stress Yet another reason may be the mcrea._d cost assoshoe is shll in sausfactory condmon
4o czated wzth such matenals
Yet another reason may be that
Mtdsole wear, on the other hand, re.suits not from abraswe
the tremendous vanahon m body weight and spring preferfaro:s, but from repeated compression of the re.heat mateence of would-be users makes it commeremlly unfeasible to
hal formingthe mldsole due tothe large force exerted on zt
mass-market
athletic
shoes
with graphite
spring
during use,. thereby causing it to lose iLs cushioning effect
enhancement, given the countless optzons that would have to
Midsole compr_on
,_ also the worst m the heel area, 45 be offered w)th each shoe s_ze Since heel spnng Lslargely
paraculady the outer perxpheryof the heel duecfly above the
_gnored, _t goes w_thoutsaying that spring opuous =ire
also
outsole wear spot and the area dtmctly under the user's
non-existent
cdcaneus or heel bone
Also absent _om the marketplace are truly ml_ltl-purposc
Desptte higher paces and increased specmh2ation, no one
athleuc shoes Notwathstanding a few "run-walk," "aerobichas yet addressed heel wear problems m an effecttve way To 50 run," and all-court models, the unmtstakable
commercm]
date, there zs nothing ]n the art to addre.ss the combined
trend appears to be increased sp¢cml._.auon, wxth no apparproblems of midsole compresston and outsole wear in
ent industry awareness of the fact that the use and fuoctmo
athlcUc shoes, and these problems remain esp¢_ally severe
of an athJeuc shoe can be changed dramatically tf _tm sunply
in the heel area of such shoes
given interchangeable
rear soles. Similarly, no athletic shoe
Designs are known that specify the replacement
of the _s manufacturer
has yet to offer varying heel cushmnmg firmentire outsolc of a shoe Examples include those dtsclosed m
hess m each shoe size, despite the fact that consumer body
U,S, Pat Nos 4,745,693, 4,377,042 and 4,267,650
These
wezgbt for each shoe stze spans a huge spectrum While a
concepts are tmpractzca] for most apphcatmns, however,
few manufacturers offer w_dth oplmns m shoe s_.,es, varying
cspecmlly athletzc shoes, for several reasons First, hght
firmness of cushtomng m a stogie model or shoe s_ze _s
adherence between the sole and the shoe ts &fficult to 60 noneXastent )n the marketplace
achieve, partzcularly around the periphery of the sole
SUMMARY OF THE INVENTION
Second, replacement of the entzre sole ]s unnecessary based
The presenl mventton ts dtrected to a shoe that substanupon typtcal wear patterns to atblettc shoes Thtrd, replacing
an entire sole is or would be more expensive than replacang
tially obvtates one or more of the needs or problems duc to
stmp[y the worn elements, a factor whtch zs compounded tf _s hmttat_oas and dmadvaotagcs
of the related art
a replaceable, full.length sole for every men's and women's
Ad&lmnal features and advantages of the mventaon wd]
shoc s)ze _s to be produced Finally, tt would appear tha_ the
be set forth m the descnptton which follows, and m part wtll
A 0173
US 6,662,471
B2
3
4
be apparent from the description, or may be learned by
practice of the invention. The objecuves and other advantag¢,s of the invenhon will be realized and attained by the
system particularly pointed out in the written de_rtptiou and
claims, as well as the appended drawings.
FIG. 17 is an exploded perspective view of another
¢mbodtment of the heel structure of the present invention.
To achieve these sod other advantages and m accordance
FIG. 18 ts a perspective view of a mounting member for
the heel structure shown in FIG 17.
s
FIGS. 19A and 19B are pempective views of a loclang
member for the heel structure shown in FIG. 17.
with the purpose of the invention, as embodied and broadly
FIG 20 ks an exploded perspective view of another
described harem, the shoe mclude.s an upper having a heel
embodiment of the heel str, cture of the present invention
regmn and rear sole support attached to the heel rag)on of the
FIG 21 as an exploded perspecttve view of another
upper The rear sole support includes a base, a first wall 10
emhodmaent of the heel structure of the present invenuon
extending downwardly
from the base and having a first
FIG 22 as a perspective view of several of the heel
groove, and a second downwardly extending wall opposite
components shown in FIG. 21.
the first wall and having a second groove facing thc first
groove A rear sole is detachably secured to the rear sole
FIGS
23A-C
are top, side,
and bottom
views,
support with a mounting member attached to the rear sole _S respectively, of outsole segments for the heel structure
shown m HG 21
and including
at least one rim for engaging the first and
second grooves A lock.rag member engages the rear sole
FIG 24 ts an exploded perspective
view of another
support and cue of the rear sole and mounting member to
embod_oent of the bed structure of the present mvenuon
prevent rotatmo of the rear sole relative to the rear sole
FIG 25 ks a perspectave v)cw of another embodiment of
support dunng use It m to bc understood that both the 20 a rear sole for use with the- shoe of the present invenuou
foregoing general dc._nptton and the following detaded
FIG 26 as an exploded perspecuve
vrew of another
descnptioo are exemplary and explanatory only and are not
embodiment of a heelstructure of the presentinventaon.
resmctwe of the invenuon, as clmmed
FIGS 2'7Aand 27B arcrodeand front_ews, respectwely,
The accompanying
drawangs, which arc incorporated
m
of a wafer foruse m theheelstructure
shown m FIG 26
and coms_lmte a part of thin specification, dhmtrate embodiments of the mvcntaon and together wuh the descrtpt_on,
DESCRIPTION OF THE PREFERRED
serve to explain the prmclplc.s of the mvcnuon
EMBODIMENTS
BRIEF DESCRIPTION
OF THE DRAWINGS
Refcrcoo:
will
now be made
m detaal to the present
FIG Its a pcrspecuvc view of one embodm3cut of a shoe 30 preferred embodtmcnts of the mvenUon, examples of whtch
are dlusuated
m the accompanying
drawings 'Wherever
of the present invention
posmble, the same reference characters wall be treed throughFIG 2 m an exploded perspccuve
view of the heel
out the drawaogs to refer to the same or h_e parts
structure for the shoe shown m FIG I
FIG 1 dlttstrates an embochment of the shoe of the
FIG. 3 as a perspective vaew of a rear sole support for the 35 present mvenoon. The shoe, designated generally as 20, ks
heel structure shown in F]G 2
an athleuc shoe prmcapally demgned for running, walking,
FIG 4 ts a pe_pecuve
vtcw showing the underside of the
basketball, teurtis, and otherforms of exercm¢
rear sole support shown m FIG 3
As shown in FIG 1, shoe 20 includesan upper 22, wh,ch
FIG 5 m a perspecuve ,,,Jew of another embodtment
shoe of the present mvenuon
of the
FIG 6 LSa perspcctrve vaew of a rear sole support for the
shoe shown m FIG 5
FIG 7 ksa perspcctweview showing the underside ofthe
rear sole support shown m FIG 6
FIG 8 is a side vlcw of a rear sole for the heel structurc
shown )n HG 2
FIG 9 m a perspccttve view showing
rear sole shown m FIG. 8.
FIGS.
10A-C
views
showing
A forward sole 24 as attached to the forefoot region of the
,=5 upper The forward sole as a hghtwetght
structure that
provides cushtonmg to the forefoot regton, and may include
an abrasaon-reslstant rubber outsole laminated to a softer,
elastomenc
mldsole layer The forward sole m attached to
of the
the upper m a convenUonal manner, typlcany by mjcctaon
50 molding, sutchmg or gluing
In somc convcnuonal
shoes, the forward sole (simply
referred to m the industry as a "sole") would extend from the
FIG 11 asa s_devicw of a mountingmcmber forthehecl
forcfoot region to the rear edge of thc heel In other
structure
shown m FIG 2
convcnttooal models, pomons of the outsole and/ormtdsole
FIG 12 ksa perspect)vc
vlew ofa lockingmember forthe
are reduced or ehmmated m certain non-stress areas, such as
heel structure shown m FIG 2
s5
the arch an:a, to reduce weight
However,
m a radical
FIG 13 _ a persp¢cuve view showing the oppostte side
departure from convenuonal
shoes, the shoe of the pre.sent
of the Iockang member shown m FIG 12
mventmn incorporates a heel structure, including a detachFIGS
14A-C
are top, perspect)vc,
and s)de views,
able rear sole, that slgmficantly
allevaates heel wear pmbrespectwcly, of a flexible plate for the heel structure shown 6o lems associated
v,qth conventional
soles and prowdes
mFIG
2
enhanced c'tmhlonmg and/or spnng
An embodtmeat of the heel structure ts shown m FIGS 1
FIGS
15A-C
arc top, perspective,
and sidc vrews,
respectzvely, of another embodiment of a flexible plate for
and 2 and includes a rear sole support 26 attached to the heel
use in the bed structure shown m FIG 2
regina of the upper 22, a rear sole 28 detachably secured to
ground-engaging
are bottom
the underside
40 ks that port)on of the shoe that covers the upper pomon of the
user's foot The upper may be made of leather, a syntheoc
matenal, or any combination of materials well known m the
axe
alternative
surfaces
for the rear sole shown m FIG
8
FIGS 16A and 16B are top and s)de views, respecuv¢ly,
of another embodiment of the flexible plate for use m the
heel structure shown m FIG 2
6s the rear sole support 26, a mounung member 60 for detachably securing the rear sole 28 to the rear sole support 26, and
locking members 90 for preventing rotatton of the rear sole
A 0174
US 6,662,411B2
6
$
tional methods. The arch bridge 46 also may he composed
of the same material as the rear sole support or a more
fext'ble material and may he made integlll with the resr sole
supporL Such one-piece construction of the arch bridge
s together with the rear sole support solves a major problem,
As shown in FIGS. 3 and 4, the rear sole support 26
and thai ks the tendency of an athletic shoe of conventlooal
includes a sub,slantially oval or elhpUcally-shaped
base 30,
"full body" arch construcuoo to cud or Iv,,ist at the junctl_r¢
with somewhat fattened, medial and lateral sides, having a
of the hardrearsole suppon and the resilient forwardsole
fop surface that is attached to the upper by stitching, gluing,
II also reduces the weight of the shoe by reducing
or
or other conventionalmeans. The shapeofsuch base isnot
ehn_natmg the midsole material, e.g, polyurethane or EVA,
Limited,
and couldbe circular,
polygonal,
or any vanattonof s0 thatwould normallyoccupy thearcharea of theshoe
the foregoing.
A frontwall32 extendsdownwardly from a
The rear sole support, heel counter, a0d archbndge need
front edge of the base 30, and a rear wall 38 extends
not be made of a solidmaterial. Holes or spaces may be
downwardly from a rear edge of the base 30. Together, the
created, at the tlme of manufacture, throughoutthe structure
front and rear walls define a recess that, as later descn'bed,
recewes means for detachebly securing the rear sole to the )s to decrease weight without dzminishing strength
As an alternative to the arch bridge 46, the rear sole
rear sole support.
support 26 m all of the embodiments may include upper and
The front wall 32 includes a hp 34 turned toward the
lower bonzomal walls 144 and 145, as shown in FIGS. 5-7,
recess, wath lip 34 and the recess szde of wall 32 defining an
extending from, and preferably integrated with, floatwall
arc-shaped
fronl groove. The rear wall 38 includes a tip 40
20 32. Inth_ embodiment, the forwardsole 24 extends zornthe
turned toward the recess, vnth hp 40 and the recess side of
arch region and _ssandwiched between upper and lower
wall 38 defining an arc-shaped rear groove otherwase subwalls 144 and 145 and against front wall 32. It may then be
stantially identical to and facing the [toni groove "Thefront
further secured by gluing. As a further alternauve, the rear
and rear grooves have the saroe radms of curvature and
portionof the forwardsolemay simply extend to the rear
together may oonstimte ar_ of a common cu-cle. At least 2s solesupport,withoutupper and lower walls144 and 145,
one, and preferably both, of the front and rear grooves
and be gluedtothefzom wall32 Alternatively,
therearsole
dasclosed in FIG. 4 (and all drawings that disclose front and
support26 could have one wall ll.kc
either144 or 145
rear grooves), define a cucular arc that _ less than 180 °. As
extending from and preferably integrated wUh it, but not
shown _ allofsuchdrswings,bothofsuchc_rcular
arcsalso
both walls, or posts, rods, or other members, substantzally
may substantially traverse the rear sole support 26 from mrs 3o paralle! to the ground, could be substituted for wails and
lateral to its medzal side The front and rear grooves may also
may extend from and be integrated wzth front wall 32 rata
be shaped to define arcs of a common ctrcle having a
or along the surface of the midsole or outsole material m the
diameter greater than the vndth of the rear sole support 26
forward sole and then secured by gluing Other means may
or mounting member 60 or rear sole 28 or even the heel
be employedas
an altematwe to the arch bndge 46 An
region of the upper 22. The front and rear walls may be flush
3s advantage to combining the mar sole support ,.v]tb walls 144
with the outer edge of base 30 and are spaced from each
and/or 145, oreliminating bothof suchwalls entirely,
and all
other on the mechal and lateral sides of the baseby a &stance
other alternatives to the integral arch bridge, is that such
X, as shown m FIG 4, which may be shghtly greater than
options, unhke the mte.gral arch badge, pemmt manufacture
the width of the rear sole support 26 or mounting member 60
of only one rear sole support suztable for either the left or
or rear sole 28
nght shoe, thus decreasing manufacturing
costs.
The rear sole support also has a central opemng 36
The heel structure shown m FIG 2 also includes a rear
du'_cdy below the heel regina of the upper "I'tus central
sole 28 detachably secured to the mar sole support As
opening, which may be orcular, oval, or vtrtual]y any
shown m FIGS 8 and 9, rear sole 28 may include a
polygonal shape, allows the heel of the user to be cushmncd
ground.-¢ngagmg outsole 48 laminated to a midsole 50,
by the rear sole attached to the rear sole support or by the 4s whzch may be more re.tent than the outsole, with both the
durable plate g0, instead of the firm material comprtsmg the
outsole and mzdsole beingmore resihent than the rear sole
rear sole support
support. The outsole, which may be composed of a rubber
The rear sole support may be composed of hard plastic,
compound, provides
abrasion reszstance 'and some
such as a durable plaslac manufactured
under the name
cushxomng,whale themtdsole,which may be composed of
PEBAX TM, graphite, a graphile composite, or other maternal so a more resthent, elastomenc material such as poly'urethsne,
having sufficient rigad_ty and strength to securely engage the
ethylene vinyl acetate (E'VA),.HYTREL TM (made by E.I.
rear sole attaching mechanksm (discussed below) Inleamn
DuPonI de Nemours & Co.), or other materials well known
molding or otherconventionaltechmques may be used to
m the art-, pnmanly provides cushlomng to the heel dunng
form the rear sole support
heel strike Optionally, the rear sole could be comprised of
The rear sole support 26 may also include a heel counter s5 a single homogenous matertal, or any number of lay¢_ or
44, as shown m FIG. 3, for provzdmg lateral stabzhzauon In
combinations of materials, including a materml compnsmg
the user's heel. Toe heel counter extends upwardly from the
au encapsulating tubes dtsclosed, for example, m U S. Pat
edge ofthe base 30 m a contoured fashmn and ts preferably
No 5,005,300
made of the same material as, and integral with, the rear sole
The ouLso]e48 may Ix planar or non-planar. Preferably,
supportthrough injcctlon
molding or other cooventlona]60 the outso]e, particularly on runmng shoe models, includes
techniques
one or more tapered or heveled se.gments52, as shown m
28 relative to the rear sole support 26 during use. In addition,
the heel structure may include s flexible plate 80 for providing spring to the heel of the user and reducing wear
caused by midsole compression.
As shown m FIGS 1-4, a_ arch bndge 46 may generally
extend from the base 30 of the rear sole support to the
for'ward
soleforsupportingthe archregionof thefool The
arch bridge46 isan opuonal featurecomposed of a firm, _5
llghtwezght material The arch bndge 46 _ attached to the
upper 22 and forwardsole24 by gluingor otherconvert-
FIG 8,whlch when lo_ted at therearoftheshoe w_ soften
and/oralignheelstrike
dur/ng thega,tcycle The beveled
segments 52 may be locatedatthef.ront
and rear porlzonsof
therearsole,asshown znFIG 10A" shghtlyoff.set
from the
front and rear portions, as shown ,n FIGS lOB and 104::, or
al any other Iocauon, depending on the preference
of the
A 0175
US 6,662,471
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8
user or any heel stn_ or wear pattern. The beveled segments
$2 may also be aligned on a "special order" basis to deal
with particular pronation or supination characteristics of the
U,SeL
Base layer 62 may be entirely eliminated fxom the mounting member 60 shown in FIG. 2, in which case the periphery
of the top surface of rear sole 28 presses tightly agains_ lips
34 and 40 of the rear sole support when engaged.
As shown in FIG. 9, rear sole 28 is elliptical or oval in s
To prevent the rear sole from rotating relative to the rear
shape, with somewhat flattened medial and lateral sides,
sole support once engaged with each other, locking members
with its length along the major axks of the shoe (when
90 lock the mountang member to the rear sole support at the
attached to the rear sole support and ready for use) being
appropdate onentatmn
As shown in FIGS 12 and 13,
greater than its lateral wadth As a result, the rear sole has a
locking member 90 includes a base 92 with a substantially
greater ground-engaging
surface than if it were circular or
planar inner surface 94 and an outer surface 96 contoured
equdaterally
polygonal
Such increasedground-engaging
10
according to the sides of the rear sole support when attached
surface provides greater stability, particularly if multiple or
thereto. A paxr of L-shaped arms 98 extend from the base 92
large beveled segments are used. However, the shape of the
(preferably from its top, e.g., from the external surface of the
rear sole 28 may also be careular, polygonal, or otherw_
heel counter) and engage opposed opemngs 42 (FIG. 2) in
Rear sole 28 may or may not feature a bole in its center as
shown in FIG 9, and preferably should not ernst if flex_le
35 the rear sole support to pwotally attach the locking member
90 to the rear sole support. Openings 42 may also be formed
plate 80 (later discussed) ts not used
m the heelraglanof the upper. When attached to the rear
Rear sole 28 ks detachably secured to the rear sole support
sole support,
the locking members ooeupy the spaces
26 wxth a mounting member 60. As shown m FIGS 2 and
(having a length X asshown m FIG 4) between the front and
11, mounting member 60 has a base layer 62 that ks atfixed
to the top surface of the rear sole 28 wath adhestve or other 20 rear walls of the rear sole support, as shown tn FIG 1
conventional
means that will no! degrade thecu.sbionmg/
Apertures 100 are formed in the base 92 for recewmg the
spnng properties of the rear sole There is an engaging layer
protnkstons 68 of mounting member 60 The apertures have
64 above base layer 62 and notch layer 74A Lateral sides 66
a small opemog adjacent surface 94, then expand m dmmeter
each contain protrusions 68 with bulbous ends Front and
within the base to a larger opening near surface 96 to
rear ends 70 of the engagang layer 64 include ctr_lar
25 accommodate the bulbous ends of the protrusions 68 As a
arc-shaped nms 72 having substantially
the same radzus of
result, the protrumons "snap" into the apertures 100 to lock
curvature
as the front and rear grooves of the rear sole
the lockang members m position, in addition, projecuons
support and engage the front and rear grooves of the rear
102 emend towardly f.mm opposite cuds of base 92 and
sole support
engage notches 74 m the mounting member between the
To attach the rear sole to the rear sole support, the rear 30
front and rear ends and the lateral sides (FIGS. 2 and 11) to
sole, wzth the mounting
member 60 attached (and,
prevent rotatzoo of the rear sole when the locking members
optionally,
wath a flexable plate 80, discussed later, supare m the posltzon showu m FIG 1
ported on the mounting member 60), ksposzttoned relative to
As shown m FIG 2, mounung member 60 includes slots
the rear sole support so that the front and rear rims of the
76 for supporting a flemble plate 80 between the rear sole
mounting member are rotated to a cxrcular manner no more 35
and the heel pomon of the upper so that a portton of plate
than about 90 °, about Ix'ksY .from then posltaons shown m
80 ts exposed through central opening 36 The flemble plate,
FIG. 2 The mounting member uscentered between the front
which may be made of a graphite composite or other suiT,
and rear grooves, then pressed against the bottom ofthe base
but flexible, matenal, reduces heel-center msdsole compres30 and rotated less than 180", and generally no more than
stun and provades sprang to the user. The flemhle plate is, of
about 90* (clockwme or counterclock'v,qse), so that nms 72 4o
course, sttffer than the matenals used for the outsole or
fully engage the front and rear grooves of the rear sole
mldsole, but must be sufScaently
flexible so as to not
support defined by hps 34 and 40 seen m FIG 4 When the
demmentally
affect cushioning of the user's heel A grxplmte
rear poruon of the rear sole becomes worn, the rear sole can
or graphite/fiberglass
compos:te, including carbon or carbon
be rotated in a cu'cular manner 180_ so that the worn rear
and graphtte fibers woven m an acryhc or ream base, such
pomon now faces toward the front of the shoe and occupres 45
as those manufactured
by Btomechan_cal Composites Co of
an area somewhat forward of the calcaneus where little or no
Camardlo, Cahf., may be used
weight of the user ks applied When the rotated rear pomon
As shown m FIGS 14A-C, flexible plate, 80 includes
of the rear sole also becomes worn, the rear sole may be
front and rear edges 82 and 84 that are supported by slots 76
detached and exchanged with the rear sole of the shoe, since
wear patterns of left and right heels are typically oppos_te so (see FIG 2) m the mounting member Tbe flexible plate may
have a substantsaLly convex upper surface that curves
The rear sole may alsobe dLw..arded and replaced wath a new
upwardly between the front and rear edges to an apex 86,
one wath or wathout any rotatton or exchange between left
wluch ispreferably located below the calcaneus of the user
and right shoe
when the rear sole as attached to the rear sole support An
The mounting member 60 may be made of any number of
aperture 88 may be pmvtded at the apex 86 to increase
hard, hghtweight materials that provade sufflczent strength ss
spring
and ngadity to firmly engage the rear sole support, and
The plate may also be fiat or concave,
and may be
support the flex_le plate 80 d" used Examples of such
substantmlly bout glass-shaped,
as shown m HGS 14A--.C,
materials include hard plastxc, PEBAX TM, H'Y'rREL TM m
or H-shaped, as as the plate 180 shown m FIGS ISA.--C
zts hard format, graplmte; and graphzte, graphate/fiberglass,
as long as such shapes
and fiberglass composites
Hardness of the mountzng mere- 6o Other shapes are also contemplated
provide spring and reduce mldsole compression of the rear
bet may m fact be espectally important J flexthle plate 80 zs
sole For example, FIGS 16A and B show another bout
used, because the peripheral
edges of such plate need to
glass-shaped
flexible plate 280 w_th dxscrete upper and
press against a firm foundation ff the central puritan of such
lower sections 282 and 284
plate ts to properly defect under the wetght of the user's foot
and zmpart spring to the user's gazt cycle In any event, the
mounting plate material is generally stiffer than the materials
used for the rear sole midsole and outsole
6s
When the flexible plate as used, the rear sole may be
devoid of materml m _ts center, as shown m FIG 2, to reduce
the weight of the rear sole If the center as devord of material,
A 0176
US
6,662,471
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10
elastic band 110 may be a separate component compktely
a thin horizontal membrane (not shown), with or without a
removable from the rear sole support, tt shown in FIG. 17,
' flanged edge, composed of phmdc or other s_itabls material
or permanently secured to the rear sole support by, for
may be inserted into the void and attached to the walls of the
example, enclosing one of the grooves 128 after the elasdc
void, by compression fit or othetwts¢, to se4d the void and
s band has been inserted therein. ALso, the band may be
prevent moisture
or debris from entenng or collecting
therein.
pushed or rolled upward above grooves 12,8 on the rear sole
support prior to detaching locking members 190, and then
Apex 86 is located, in F]GS 14C and 15C, slightly to the
simply rolled downward to return to an in-groove positiot_
rear of the center of the major axis of plate 80, so as to be
following reattachment. As a further option, the elastic band
positioned more directly beneatb the center of the calcaneus
Thus, it will be necessary [o remove and rotate plate 80 by 10 may be a removable nr permanently attached strap fitted
within the grooves and having opposing ends that may he
180 on an axis perpendicular to the major axis nf the shoe
latched together l_e a belt or ski boot latch.
when the rear sole is mt0ted, in order to keep the apex
positioned dire.cOy beneath the calcaneus. However, plate 80
As a further altcrnadve (nnt shown), a U.shaped connecmay be formed with the apex in any potation to suet a user's
tor having opposite ends permanently attached to one end of
preference. It may even be placed in the exact center of plate as both locking members 90 may be removably or permanently
secured to the outer surface of either the front or rear wall
80 so as to obviate the need for plate rotation when the rear
sole is rotated.
of the rear sole support, as a substitute
for the system
revolving hinges 9g on locking members 90. The elastic
Flexible plate 80 pray'tales spring to the user's gaze cycle
band and other alternatwes
to the banged locking member
m the following manner. During heel strike m the gait cycle,
the user's heel provtdes a downward force against the plate 20 can be used in all of the embodiments of the inventinn
Since the peripheral edges of the plate ate firmly supported
If a flextble plate ks not demred, the embodtment shown m
by the mounting member, the interior portion of the plate
FIG 20 may be used tosupply more conventionalmidsole
deflects downwardly relative to the penpheral edges As the
cushlomng In thisembodiment, themounting member 260
force ks lessened (with the user's weight being transferred tn
identlcal
to themounting member 60 shown in FIG. 2
the other foot) the deflected portion of the plate, due to tts 2S except that the base layer 62 and slots 76 are eliminated. It
elastic charactensocs,
will return to tis anginal shape,
ahould again be noted that the base layer 62 is an optional
thereby providing an upward spring force to the user's heel.
feature m all of the mounting member embodmaents.
In
Such sprung effect wi31 also occur whenever a force ks
placeoftherearsole28 shown inF'IG2,a rearsole200 has
otherwise applied to and then removed from the flexible
an abraslon-reskstant
outsole202 laminatedto a midsole
plate (e g., jumping off one fool or }umpxog from both feet 30 layer 204 On top of this m_dsole layer 204 are two addisimultaneously)
tional mldsole layers 206 and 208, each layer being smaller
The removabi.hty of the flexible plate allows the use of
than the layer upon which tt r_ts, with mtdsole layer 208
stzed to fit within the central opening 36 in the rear sole
several ddterent types of flexable plates of varying stiffness
support 26 Midsole layers 206 and 208 may comprise two
nr composition
Thus, flexible plate destgns and character°
35
separate pieces laminated together or a single piece molded
istics can be adapted according to the wetght of the user, the
ability of the user, the type of exercise or use involved, or the
or otherwise shaped to have two regions as shown
amount of spring dc.su'ed m the heel of the shoe RemovIn this embodiment, the moundng member 260 us adhered
ability also perm]Ls easy replacement of the plate should
by gluing or other means to the top of the midsole layer 204
deterioration occur, a concern m the case nf vtrtually any
such that it surrounds and abuts against the sides of mzdsole
4O
truly sprmg-¢nhancang plate material.
layer 206 It may be further secured to the fades of omdsol¢
The heel structure embodiment shown m FIG. 2 is but one
layer 206 by gluing or other means The manner of attac_ng
of many embodmacnts
contemplated by the present raventhe rear sole and mounting member to the rear sole support
identical to that dcf_nbed w_.threspect to the emboduneut
tenn. While further embodiments
ate discussed below, additional embodiments
are possible and within the scope of the 45 shown m FIG 2 In adchuon, the top midsole layer 208 may,
but need not be, made cucular to facflttate rotation of the
inventzon Unle.ss otherwme noted, the r_mcture, material
composttion,
and charactenstins of the heel components
rear sole when the mtdsole layer 208 ks pressed into the
shown m FlGS. 1 and 2 apply to all of the embodtments
central opening 36. Alternatively, lids layer may be severed
One such embodiment ksshown m FIGS. 17-19B. In elms
from layer 206 and placed in opemng 36 with the shoe in an
embodiment, rear sole support 126 ks substantmily tdeutmal S0 reverted position Thts may make installatmn easier if layer
208 is oval in shape, likeopening 36 It also permits
to rear sole support 26 shown m FIG. 2 except that it has
replacementof layer208, should itscushmning properties
horizontal grooves 128 nn the exterior surfaces of each of
deteriorate at a f_ter rate than the rest of the rear sole Of
the downwardly
extandmg walls and no boles 42 The
course, thts step would he accomplished before engagement
mounting member 160 shown m FIG 17 ks also identical tn
mounting member 60 shown in FIG 2 except that protrustuns 168 do not have bulbous ends.
ss of mounting member 260 with rear sole support 26, which
atm;[arly could be accomplished
whale the shoe is m an
inverted pnsitinn in order that layer 208 does not tall out or
Locking members 190 ddler from those sho_,vn m FIG 2
dkslodge during installation.
m that the binges are ehmmated
Instead, the exterior
surfacesnf each of thelockangmembers 190 have a horiIt should be noted that layers 204. 206, and 208 may be
including without
zontalgroove 192 that alignswith the exterior grooves128 60 made of ddterent cushlonlng matenals,
hmltatlon air-filled chambers, gall-filled chambers, EVA or
formed on the rear sole support. In addmnn, apenures 194
(FIG 19A) are cyHndnca] m shape and need not have
polyurethane, or any combmattons thereof
expanded interior
pnmons sincetheprotrusions
168 have on
The rear sole support is designed
to accommodate
a
bulbousends,
variety of rear sole configurations, which vary according to
To lockthelockingmemlxrs inplace,anelastic
band 110 65 the activity revolved, the weight of the user, and the cushisstretched
and fitted
witMn thegrooves128 on therearsole
ioning and/or spnng demred by the user Although addittnnal
supportand groovea 192 on the lockingmembers The
rear sole configurattons are dkscussedbelow, many other rear
A 0177
US 6,662,471
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11
sole
sole
configurations
support 26.
One such
embodwnenL
may Ix used
with
the rear
example
is shown m FIGS. 21 and 22
a rear sole 300 ks a U-shaped
member
that wRI
sacrdlcing
layers
provide
spring to
comfort
Matemb
to the flexible
of
In this
ha,,ang
resdienl
midsole
80 may
material
be used
206
and
cushioning
to the heel
260 is glued or otherw_
of
206
may
one-ptece
mountmg
as optional
by gluing
or other
also be molded
to
20 sloped
25
Such
outsole
layer
The rear sole
m the followmg
gluing
may
then
or some
other
be permanent
or
during deflection
will
their onginal
posiuon
generated
by
the rear sole
(_hown
spring
wtth
large
hole in middle)
or may be tent-shaped
increase
spring,
Flexible
plate
with
300
80 may
m FIG
a stdlemng
As
knobs
aLso be used
25
mem-
m conjunction
rear sole
shown
602
wtthm
which
flcxtble
plate
80 may
flex
embodmaents
m FIGS.
and
ehmmated
vnth the heel structure shown
on the top surface
of flexible
604
27A
and 27B,
that snap
engage
wafer
with
60(}
includes
corresponding
eotu'cly
26, wafer 600 ts oval m shape, although
or the user's
6o
with
heel
The wafer
need not be attached to the flexible
plate 380
Instead,
the wafer
may,
for example,
be permanently
attached
to the bottom of the upper, secure, d vnthm or made
with
a shoe
presenl
invention
of the invention
412
a
m
in
FIG 21 except that it has an optional
opening
m the top wall
to reduce the weight
of the rcar sole and allow
addzhona]
space
a central
sock
boer
or attached
of cushtomng
(not
shown),
secured
to the
at any other
location
the user's
heel
that
h will Ix apparent
to those skalled in the art that various
modzficauoos
and venations
can IX made m the shoe of the
to further
rear sole very similar
to that shown
m FIG 21 As shown
FIG 24, tear sole 400 ts identical
to rear sole 300 shown
have
opemogs
382 and 384 (see FIG
26) in flexible
plate 3,80
Although
two knobs ate shown
m thls embodiment,
any
number of knobs may be used, tn fact,the knobs may be
integral
310 m the
wall 304
member
may
600 us made of any suitable
material.s,
such as those materiaLs disclosed
for the mtdsole
layer or out.sole
layer of rear
sole 28, that provide
cushtomng
to the heel of the tu.scr and
which
are mote resilient
than the flexible
plate
upper
so
be sohd to increase
may
as shown
or washout
apertures
bottom
502
The top surface 606 of wafer 600 may also be concave m
order to conform with the contours of the heel #igloo of the
removable
The stdlenmg
Top wall
45 surface 608 of wafer 600 may be concave m order to
conform wlth the curved top surface of flexibleplate 380
instead
toward wall 302 Since the
m bend 305 and wall 304
314 that engage
300
A]tcrnatlvcly,
506.
any shape m contemplated so long as itprovides the desired
cusblomng
to the heel of the user. If desired, the bottom
spring bend 305 and wall 304 back to
as weight _ smiled,
thereby prov'tdmg
bers include
protrusions
bcnd of the tear sole
than that of the
412 may also
FinaLly, an optional wafer 600, u._bk
m combmaUon
with
any of the above embodm3ents
mcorporadog
a flexible plate,
ts dksciosed
m FIGS
26--27B.
As shown
m FIG 26, wafer
rear sole support,
a spnng effect to the user's heel Stiffening
member,
312 or
be capable
31ZA are optmnal elements that may be used to mcrease the 55 would
sprmg
of
m F1G 25, or may Ix solid, such as wall
21 Wall 506 may be used m any of tim
As shown m FIG
300 provtdes
_rmg
to the heel of the user
manner
When
the heel of the user strikes
the ground,
wall 304 will deflect
matenal
t_ elasuc,
energy stored
be devoid
of lactating
plate that it is exposed
to the heel region of the upper (not
30 shown) yea central opening 36 of rear sole support 26 Wafer
to retain the
a one-piece
means
of wall
600 is dLsclosed
m conjunction
m FIG 2 Wafer 600 z..splaced
a rubber compound
or other matenal typically used for 35
outsole material,
provide
an abraslon-resks[ant
layer for
protecting
the bottom
surface
of wall 304
.As shown
in
FIGS
23A.--C,
the outsole
segments
have a substanttaUy
contcally-shaped
top portton
316, a cyhndrzcal
middle parttoo 318, and a rounded grouod-engagmg
portion 320
The 4o
comcaLly-shaped
porUon 316 snaps into opemngs
306, and
utthz.mg
surface
U-shaped
306 through which removable outsulc segmcoks 308 are
mserted The outsole segments 308, which may be made of
and
ks shown
in FIG
25 in this
is identical
to rear sole 400
rear sole option
rear sole 500
opening,
as shown
302 shown in FIG
more resthent than the U-,shaped member
As shown in FIG
21, the bottom wall 304 of the tear sole 300 includes holes
mg both
36 in the rear sole
be used to further increase
spnng.
St_ening
member
412 m
identical to member 31.2 shown in FIG. 24 except that it has
a slanted wall 413 to complement
and press agmust the front
To protect
the bottom
ground-cngagmg
surface
of the
U-shaped
member
and to prairie
cushionmg,
the rear sole
may include an abraszon-resmtant outsole which may be
may be attached to the bottom surface of wall
openmgs
306 and segments
308, or ehmmat-
opening
zs stxffne,_ and, therefore, provides more spnog
rear sole 400 as shown. A stiffening
member
mounting
300
as a
outsole layer
304, uuhzmg
be
26.
Wall 506 may have a top surfao= 508, or may
matenal
at this Incense
Wall 506 has the effect
and the manner
and options
for attaching
the rear sole and
mounting
member
to the rear sole support
_ the same,
includmg
wathout
hmitattoo
the option
of severing
and
separately
u_talLmg
layer 208
portion acts
Alternatively,
or may
shown in FIG 24 except that it has a "tent-like"
wall 506
extendmg
from the bottom
wall 504 toward top wall 502.
208,
structure
The mldsole
layers 206 and 208, the
member 260, and the tea, sole support 26 (as well
features)
ate identical
to those shown m FIG 20,
the bottom of the comcally-shaped
outsole
segments
m the opemngs
of the upper via the central
Another
10 embodtment,
the user, and mounung
attached to the top surface
seam.
The
the rear sole
to further
flexible
plate 80 rests in aloes 376
member
and ks exposed
to the heel
62 ks deleted
Again,
formed in the mountmg
support
of top wall 302 to surround and abut against the sidewall
of
mtdsole
layer 206
[t may also be attached
to the side wall
of layer
member
in FIG. 25
spring
member
the base
which may be more rcmhent than the U-shaped
member,
are
secured
to the top of wall 302 by gluing or other means
to
provide
member
as shown
to increase
with or without a stiffening
member
412. Mounting
360 ks similar
to that shown m FIG. 2 except that
region
for
be solid
spring,
the heel of the user
such as those
dks-
plate
may
in,_tme
S
walls 302 and 304 jmocd
by a bend
is composed
of a stiff, but flexible,
closed with respect
the rear sole 300
Two
in conjunction
wall
lent-shaped
substantially
parallel
305
The member
mst*dsl
w_thout
12
the bottom
vnthout departing
from the scope or sprat
and that certain
features of one embodmaent
may be used
of example
combmauons
interchangeably
in other embodiments
By way
only,
the rear sole support/lockang
member
shown m FIGS
2 and 17 can be used m
conjunctlon
wlth any
of the above-described
rear sole
configurations,and can bc used with or without the flexible
6s
A.]tcroattvcly,
A 0178
plate
S_mdarly,
the arch bridge shown
m FIGS
1--4, upper
and lower horizontal
walls shown
m FIGS
5--7 and other
altemauvcs
to
the
arch
bridge
dlscuascd
hereto
may
bc
US 6,662,471
B2
13
14
employed with any embodiment shown. Thus, it is intended
shoe, the lateral side of the shoe, and the re,at of the sho¢ is
that the present invention cover all possible combinations of
visible from outside the shoes.
the features shown -in the different embodiments, as well as
7. The shoe of claim 1, wherdn the bottom will has at
modifications and venations of this invention, provided they
least one peripheral edge proxtmate one of the medial side
come within the scope of the claims and their equivalents
s of the shoe and the lateral side of the shoe.
What is claimed is:
8. The shoe of claim 7, wherein the at least ooc peripheral
1. A shoe comprising:
edge of the bottom wall is at least in part visible from outside
the shoe
an upper, and
9 The shoe of claim I, wherein one of the st least two
a rear sole secured below a portion of the upper, the rear
portions of the bottom wall has at least one peripheral edge
sole comprising.
a member having a top wall w_th a lower surface, the 10 proximate the medial side of the shoe and another of the at
least two portions of the bottom wall has st lest one
top wall having atleastone penphcraledge pmxaperipheral edge proximate the lateral side of the shoe, the
mate a medial side of the shoe and st leastone
peripheral
edges being approximately parallel w_th each
peripheral edge proximate s lateral side of the shoe,
other
the peripheral edges of the top wall having a midl0 The shoe of clwm 9, whereto the peripheral edges of
longitudinal ares therebetwecn, thetop wall having 15
the at least two portions of the bottom wall prommste the
an opening beneath the wean:Us heel, the midmedial side and lateral side of the shoe arc at least m part
longitudinal axis of the peripheral edges of the top
visible from outsxde the shoe
wall incluchng a point that xs vertically ahgncd with
1.1 The shoe of claim 9_wherein each of the at least two
the approximate center ofthe openinginthe topwall
and the approximate center of the water's heel, the 20 portions of the bottom wall has an interior edge, =he interior
edges of the at least two portions of the bottom wall being
member having a bottom wall with an upper surface,
substantlal.ly planar with each other and substantially parthe bottom wall having at least two portions appromallel with the ground.
mately plane.r with each other, pusUei w3th the
12 The shoe of claim I,wherein thecurved wallhas at
ground, and separated by a gap therebe_,ccu, the top
edge proxxmatcone of themedztl rode
wall and the bottom wall each baying a forward 25 leastone peripheral
of the shoc and the lateral side of the shoe
region tad a rearward regina, the forward regions of
13. The shoe of claim 12, wherein the at least one
the top and bottom wails being connected at a closed
end by a curved wall, the top, bottom, and curved
peripheral edge of the curved wall is at least m part vmible
from outside theshoe
walls being mtegrat, the rearward regloosof the top
14 The shoc of cla)m I,whereto thecurved wallhas a
and bottom walls bcmg oriented toward a back of the 30
shoe, at least a porUon of the top and bottom walls
mld-longdudmal axxs,with an opemng along the mldbeing spaoed a predetermined d_stan¢c tram each
long3mdinalaxis of thecurved wall.
15 The shoe of claim 1, whereto the curved wall m
other such that during the wearers gsil cycle when
the shoe ts in contact w_th the ground the predeterapproxtmat_ly perl:_ndlcular to the major Iongttud/nal axis
mined dmtanoebetween the at least a port.son of the 35 of the shoe.
top and bottom walls is reduced,
16 The shoe of claim 1, further comprising
a cushion
at least one clement pos_honed between at least a
posmoned beneath the wearer's heel and above at lea_ a
portionof thetopwall and at least a Pomon ofthe
port,onof thetopwall of themember, thecushionand the
lop wag each hemg made of a material, the mat=rial of the
bottom wail, the at least one clement hay'rag at least
one interior sidewall,
4o cushxon being more rosthent than the material of the top
wa_l
a void located beneath the opening m the top wall
17 The shoe of clam3 16, wherein the cus_oo
has an
defined at least )n part by the at least one interior
szdcwa.]] of the at least one element, at least a portmn
upper surface conforming in shape to the bottom surface of
the wcarer's heel.
ofthevoid being vertically aEgned withthe appmm45
18 The shoe of clmm 1'7, wherein the cushion m located
mate center of the opening so the top wall,
at leas_ one opemng on at least one of the medial and
at least m part beneath the approxmaate center of the
wearcr's heel
Inters| s_des of the shoe, the opening being m communication with thevoid;and
19 The shoe of clmm 18, whereto the oushfo'n m located
a bottom surface
that ]s at least In part groundbeneath and ad)acent at least a portion of the upper.
engaging
so
20 The shoe of claim 1, whereto the opening m the top
2 The shoe of claim 1, whereto a cross--sectional profile
wail is v'_siblc at least m part through the at least one opemng
on at least one of the medial and lateral sides of the shoe
of the top and bottom walls that are connected at the closed
21 The shoe of clamaI,wheretothelower sudace of the
end by the curved wall is generally in a recumbent U-shape
top wall m at least in part visible from outside the shoe
3 The shoe of claun 1, whereto the reduced predetermined dmtaoce between the at least a pomon of the top and Ss through the at least one opening on one of the medial and
lateral sides of the shoe.
bottom walls results from the at least a poruon of one of the
top and bottom walls deflecting toward the other m a
22 The shoe of claim I, wherein the upper surface of the
substantially verucal dLrection
bottom wag Isat least m part v_ble from outslde theshoe
4. The shoe of clam3 1, whereto the reduced predeterthrough the at Icasl one opening on at least one of the medial
mined distance between the at least a port)on of the top and 60 and lateral sides of theshoe
23 The sboe of claim 1, wherem the intenor sidewall of
bottom walls rcsulLsfrom the at leas4 a port)on of the top
wall deflecting Ibward the ground m a substantiolly verucal
theat least
one elementtsat least
m pan Vlslble
from outside
da'ecuon
theshoe throughtheatleast
one openinginone ofthemedial
and lateral sides of the shoe
5 The shoe of claim 1, wherein the top wall has at least
one peripheral edge proximate the rear of the shoe
65
24 The shoe of claim 1, wherein the at lc_t one lntenor
6 The shoeof claim 5, wherein the al least one penphcral
edge of the top wail proximate one of the medial side of the
s_dcwall of the at ]ansi one element is at least m part vis_le
from outsidetheshoe
A 0179
US 6,662,471
B2
15
16
25. The shoe of claim 1r wherein an entire portion of the
top wall over the st kast one elemcnl is solid
26. The shoe of claim 1, wherein the bottom surface of the
30. The shoe of claim 29, wherein the tent-shaped portion
exleoding toward the top wall has at least one s/dcwall at an
angle to the at least in part gmund-en_aging porhon of the
bottom surface, the at least one intenor sidewall of the st
fear sole has a non-ground-engaging
portion thal us Vefllcally aligned with at leasl a portion of the op_ning in the top
wall.
s
least one element being st an angle In the at least in part
ground-engaging
portion of the bottom surface, the at least
one sidewall of the tent-shaped po_on being adjacent the at
27 The shoe of ctazm 26, wherein the non-groundleast one interior sidewall of the at least one element.
engaging portion of the bottom surface of the rear sole is
31 The shoe of claim 30, wherein the angle of the at least
located al least m part between the at leasl two portzons of
one szdewall of the leol-shaped portwn that ts adjacent the
the bottom wall.
10 at least one mtenor sidewall of the at least one element ts
28 The shoe of clazm 26, whereto the non-groundapproximately the same as the angle of the st least one
engaging portionof the bottom surfaceof the rear sole
interior sidewall of the at least one element thai is adjacent
comprmes a substantially planer portion and an adjacent
the at least one sidewallof the tent-shaped portion
portion non-planar with the planar portzon
32 The shoe of claim 1, whereto the at least in parl
29 The shoe of claim 26, wherein the non-ground- 3s ground-engaging portzon of the bottom surface is formed of
outsole material
engaging porUon of the bottom surfaceof the rearsole
comprk_..sa tent-shapedportionextendingtoward thetop
wall
A 0180
CERTIFICATE
OF SERVICE
I certify that on April 18, 2006, the original
Replacement
Opening Brief of Plaintiff-Appellant
the Court by hand delivery to:
and 12 copies of the foregoing
Akeva L.L.C. were filed with
Clerk
U.S. Court of Appeals for the Federal
717 Madison Place, NW
Washington,
DC 20439
Circuit
In addition,
I certify that on April 18, 2006, I served
delivering 2 copies to Federal Express for next day delivery to:
James H. Kelly, Jr., Esq.
Steven Gardner, Esq.
J. Jason Link, Esq.
KILPATRICK
STOCKTON
1001 West Fourth Street
Winston-Salem,
Tel:
NC
the foregoing
LLP
27101
(336) 607-7300
Douglas J. Kline, Esq.
Richard B. Myrus, Esq.
Keith A. Zullow, Esq.
William A. Meunier, Esq.
GOODWIN
PROCTER LLP
Exchange Place
53 State Street
Boston,
Tel:
April
MA
02109
(617) 570-1000
18, 2006
Dirk D. Thomas
Attorney
L.L.C.
for Plaintiff-Appellant
Akeva
by
CERTIFICATE
OF COMPLIANCE
The undersigned
hereby certifies that the body of this Brief, beginning
with
the "Jurisdictional
Statement"
on page 1 and ending with the last line of the
"Conclusion"
on page 41 contains
9,465 words, as measured
by the wordprocessing
Appellate
Dated:
system used to prepare
Procedure 32(a)(2)(7)(B).
April
18, 2006
By:
this Brief,
_4__
and complies
/_'0
with Federal
Rules
of