EXHIBIT 412-1
`Invalidity Claim Chart for U.S. Patent 10,098,412
`
`
`
`
`US 2014/0230272 (Feshbach), which was filed on February 11, 2014, published on August 21, 2014 and claims priority to
`Application No. 61/763,260 filed on February 11, 2013, anticipates or renders obvious the asserted claims of the U.S. Patent -
`10,098,412 (“the ’412 patent) pursuant to at least AIA 35 U.S.C. § 102(a)(1) under the ’412 patent’s earliest possible priority date.
`
`As set forth in the chart below, all asserted claims of the ’412 patent are anticipated and/or obvious over Feshbach.1
`
`The citations to portions of any reference in this chart are exemplary only. Defendant reserves the right to use the entirety of any
`reference described in other Exhibits to Section IV of Defendant’s Preliminary Invalidity Contentions to show that the asserted claims
`are anticipated and/or obvious.
`
`Defendant expressly reserves the right to supplement these contentions to add additional information showing that Feshbach
`invalidates the asserted claims of the ’412 patent.
`
`To the extent that any of the below claim limitations are found to not be expressly disclosed by the below reference, it is Defendant’s
`contention that any such limitation would be obvious, either based the knowledge of one of ordinary skill in the art or based on any of
`the art cited in Defendant’s Preliminary Invalidity Contentions, which are incorporated herein by reference. In particular, as
`evidenced by the below and in Section IV of Defendant’s Invalidity Contentions, the ’412 patent is merely a collection of prior art
`elements that fails to meet the statutory requirement of nonobviousness under § 103, and the factors delineated in KSR Int’l Co. v.
`Teleflex, Inc., 550 U.S. 398 (2007), weigh against a finding of nonobviousness.
`
`For example, it would have been obvious to a person of ordinary skill in the art to combine the teaching of Feshbach with the
`teachings of the references charted as Exhibits 412-1 to 412-6 to Defendant’s Preliminary Invalidity Contentions; such references are
`in the same field of art, and discuss various techniques and improvements that would have been known to yield predictable results
`when applied to the technology claimed in the ’412 patent, and a person of ordinary skill therefore would have been motivated to so
`combine them in view of the disclosures therein.
`
`
`1 The excerpts cited herein are exemplary. For any claim limitation, Defendant may rely on excerpts cited for any other limitation
`and/or additional excerpts not set forth fully herein to the extent necessary to provide a more comprehensive explanation for a
`reference’s disclosure of a limitation. Where an excerpt refers to or discusses a figure or figure items, that figure and any additional
`descriptions of that figure should be understood to be incorporated by reference as if set forth fully therein.
`Skechers U.S.A., Inc. v. Nike, Inc.
`IPR2021-00159
`Patent No. 10,098,412
`Ex. 2011
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`It is also Defendant’s contention that one of ordinary skill in the art would find such limitation obvious for at least one or more of the
`following reasons: (1) the combination would unite old elements with no change in their respective function; (2) the combination
`would have been a predictable variation of a work in the same or a different field of endeavor; (3) the modification would have used a
`known technique to improve a similar device in the same way; (4) the modification was a known problem for which there was an
`obvious solution; (5) the modification would have been “obvious to try”; (6) the modification was known work in one field of
`endeavor that would have prompted variations of it for use in either the same or different field based on design incentives or other
`market forces; (7) there was an explicit teaching, suggestion, or motivation in the prior art for the modification.
`
`Except where specifically noted otherwise, this chart applies the apparent constructions of claim terms as used by Plaintiff in its
`infringement contentions; such use, however, does not imply that Defendant adopts or agrees with Plaintiff’s constructions in any
`way.
`
`
`
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`’412 patent
`1(pre) An article of footwear
`comprising:
`
`Exemplary Citations to Feshbach
`To the extent that the preamble is considered limiting, Feshbach teaches (explicitly,
`implicitly, and inherently) and also renders obvious an article of footwear.
`
`For example, see the following illustrative citation(s):
`
`“The present invention is directed to an improved shoe that has reduced weight than the
`average shoe by creating air chambers underneath the insole, preferably in between by
`using protrusions projecting up from the outsole into the air chambers towards the midsole.”
`Feshbach, ¶ [0004].
`
`“The present invention is an improved shoe providing increased comfort and
`
`decreased weight without sacrificing in quality or durability ….” Feshbach, ¶ [0013].
`
`Feshbach at Figs. 1-2.
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`1(a) an upper;
`
`Feshbach teaches (explicitly, implicitly, and inherently) an article of footwear comprising
`an upper.
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`Exemplary Citations to Feshbach
`For example, see the following illustrative citation(s):
`
`
`
`“The present invention is an improved shoe providing increased comfort and decreased
`weight without sacrificing in quality or durability by creating an air chamber 108, 110
`below the insole 102, and preferably in between the outsole 106 and the midsole 104, with
`protrusions 114 projecting [up] from the outsole 106 into the chamber directly beneath the
`midsole 104. A typical shoe comprises an upper 101 that covers the top portion of the foot
`and a sole 100 that covers the bottom portion of the foot and provides a safe surface [for]
`the [foot] to rest upon. The sole 100, therefore, serves as the interface between the wearer's
`foot and the ground, while the upper 101 provides covering and protection for the top
`portion of the foot.” Feshbach, ¶ [0013].
`
`See Fig. 1 below.
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`’412 patent
`1(b) an outsole secured to the upper;
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`Exemplary Citations to Feshbach
`Feshbach teaches (explicitly, implicitly, and inherently) an article of footwear comprising
`an outsole secured to the upper.
`
`
`
`For example, see the following illustrative citation(s):
`
`“The sole 100 generally comprises an insole 102, a midsole 104, and the outsole 106. The
`insole 102 is the first or top layer of material inside the shoe upon which the foot rests. The
`insole 102 provides a comfortable surface and support for the foot. As such, the insole 102
`may be made of soft or cushiony material, such as foam, rubber, silicone, leather, cotton
`and the like. Feshbach, ¶ [0015].
`
`“The outsole 106 is the exposed or outside part of the sole that makes contact with the
`ground. The outsole 106 can be made of any type of material that provides grip, is durable,
`and optionally, water resistant. In the preferred embodiment, the outsole 106 may be made
`of rubber, leather, plastic, and the like.” Feshbach, ¶ [0016].
`
`“To create the sole 100, the outsole 106 and the midsole 104 may be compression or
`injection molded. Then the midsole 104 and the outsole 106 can be glued, cemented,
`bonded, welded, or otherwise adhered together. If a liner is used, the liner can be filled with
`a fluid and inserted into the chamber before the midsole 104 and outsole 106 are attached.
`The upper and insole 102 can then be glued, cemented, bonded, welded, or otherwise
`adhered to the midsole 104 and outsole 106.” Feshbach, ¶ [0027].
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`Exemplary Citations to Feshbach
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`1(c) a cavity disposed between the
`upper and the outsole;
`
`
`
`Feshbach teaches (explicitly, implicitly, and inherently) an article of footwear comprising a
`cavity disposed between the upper and the outsole.
`
`
`
`For example, see the following illustrative citation(s):
`
`“To further improve shock absorption and comfort, the midsole 104 and the outsole 106 are
`constructed so as to create a chamber 108, 110 or cavity in between the midsole 104 and the
`outsole 106. In some embodiments, the chamber 108, 110 may be one continuous chamber
`from the front portion 10 of the shoe underneath the ball of the foot or the metatarsals all
`the way to the heel portion 12 of the shoe. In other words, the chamber 108, 110 may
`extend substantially the fall length and width of the shoe.” Feshbach, ¶ [0018].
`
`“Due to the arch support 112, the cavity between the outsole and midsole define two
`distinct chamber sections 108, 110, one under the heel of the foot (heel chamber section
`108) and one under the ball (metatarsal chamber section 110), since most of the pressure is
`applied at the heel and the ball of the foot. The two chamber sections 108, 110 may be
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`Exemplary Citations to Feshbach
`sealed from each other or may be in fluid communication. Creation of the chamber 108, 110
`not only provides a more comfortable feel, but it also allows the shoe to be lighter in weight
`as much of the material that would have been occupied by the outsole 106 or the midsole
`104 can be removed.” Feshbach, ¶ [0020].
`
`
`
`
`
`1(d) a plurality of protrusions
`extending within the cavity toward
`the upper from a base end disposed
`adjacent to the outsole to a distal end
`disposed within the cavity,
`
`
`Feshbach teaches (explicitly, implicitly, and inherently) an article of footwear comprising a
`plurality of protrusions extending within the cavity toward the upper from a base end
`disposed adjacent to the outsole to a distal end disposed within the cavity.
`
`
`
`
`
`For example, see the following illustrative citation(s):
`
`“The present invention is an improved shoe providing increased comfort and decreased
`weight without sacrificing in quality or durability by creating an air chamber 108, 110
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`Exemplary Citations to Feshbach
`below the insole 102, and preferably in between the outsole 106 and the midsole 104, with
`protrusions 114 projecting op from the outsole 106 into the chamber directly beneath the
`midsole 104. A typical shoe comprises an upper 101 that covers the top portion of the foot
`and a sole 100 that covers the bottom portion of the foot and provides a safe surface tor the
`toot to rest upon. The sole 100, therefore, serves as the interface between the wearer's foot
`and the ground, while the upper 101 provides covering and protection for the top portion of
`the foot.” Feshbach, ¶ [0013].
`
`“The chamber 108, 110 created between the midsole 104 and the outsole 100 is the
`preferred embodiment. This allows for the creation of a plurality of protrusions 114 to
`project up from the outsole 100 into the air chamber 108, 110. The protrusions 114 create
`added stability and support under the heel and the ball of the feet where most pressure is
`applied. Preferably, the protrusions 114 are integrally formed with the outsole 106.
`Therefore the protrusions 114 may be made of the same material as the outsole 186. The
`outsole 106 and protrusions 114 can be created by the use of a mold. However, the
`protrusions 114 can be modified to have a particular hardness that is the same as or different
`from the outsole 106 to provide the proper support.” Feshbach, ¶ [0022].
`
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`Exemplary Citations to Feshbach
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`
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`1(e) the plurality of protrusions (i)
`extending from a forefoot region
`proximate to a forward-most edge of
`the article of footwear to a
`midfoot region of the article of
`footwear,
`
`See also Feshbach at Figs. 3-7.
`
`Feshbach teaches (explicitly, implicitly, and inherently) an article of footwear comprising a
`plurality of protrusions that extend from a forefoot region proximate to a forward-most edge
`of the article of footwear to a midfoot region of the article of footwear.
`
`
`
`
`
`For example, see the following illustrative citation(s):
`
`See supra, Element 1(d).
`
`“The present invention is an improved shoe providing increased comfort and decreased
`weight without sacrificing in quality or durability by creating an air chamber 108, 110
`below the insole 102, and preferably in between the outsole 106 and the midsole 104, with
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`Exemplary Citations to Feshbach
`protrusions 114 projecting op from the outsole 106 into the chamber directly beneath the
`midsole 104. A typical shoe comprises an upper 101 that covers the top portion of the foot
`and a sole 100 that covers the bottom portion of the foot and provides a safe surface tor the
`toot to rest upon. The sole 100, therefore, serves as the interface between the wearer's foot
`and the ground, while the upper 101 provides covering and protection for the top portion of
`the foot.” Feshbach, ¶ [0013].
`
`“In some embodiments, to ensure a tight seal, the chamber 108, 110 may be lined with an
`airtight lining. In another embodiment, the midsole 104 itself may be constructed in the
`form of a sealed bladder with the chamber 108, 110 inside the midsole 104. In other words,
`the bladder defines the air chamber 108, 110. The bladder may have a top side upon which
`the insole is positioned, and a bottom side which rests upon the outsole 106. The
`protrusions 114 may be on the outsole 106 and abut against the bottom side of the outsole
`104. In some embodiments with the bladder, the protrusions 114 may be on the inner side of
`the bottom side of the midsole 104 protruding into the chamber 108, 110.” Feshbach,
`¶ [0021].
`
`“The chamber 108, 110 created between the midsole 104 and the outsole 100 is the
`preferred embodiment. This allows for the creation of a plurality of protrusions 114 to
`project up from the outsole 100 into the air chamber 108, 110. The protrusions 114 create
`added stability and support under the heel and the ball of the feet where most pressure is
`applied. Preferably, the protrusions 114 are integrally formed with the outsole 106.
`Therefore the protrusions 114 may be made of the same material as the outsole 186. The
`outsole 106 and protrusions 114 can be created by the use of a mold. However, the
`protrusions 114 can be modified to have a particular hardness that is the same as or different
`from the outsole 106 to provide the proper support.” Feshbach, ¶ [0022].
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`Exemplary Citations to Feshbach
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`1(f) [the plurality of protrusions] (ii)
`being aced(sic) apart from one
`another along a longitudinal axis of
`the article of footwear within the
`forefoot region, and.
`
`
`Feshbach teaches (explicitly, implicitly, and inherently) an article of footwear comprising a
`plurality of protrusions that are spaced apart from one another along a longitudinal axis of
`the article of footwear within the forefoot region.
`
`
`
`
`
`For example, see the following illustrative citation(s):
`
`See supra, Elements 1(d)-1(e).
`
`1(g) [the plurality of protrusions] (iii)
`including a first protrusion located
`proximate to the midfoot region and
`having a height that is greater
`than a height of the other protrusions
`of the plurality of protrusions
`
`
`Feshbach teaches (explicitly, implicitly, and inherently) an article of footwear where the
`plurality of protrusions includes a first protrusion located proximate to the midfoot region
`and having a height that is greater than a height of the other protrusions of the plurality of
`protrusions disposed between the first protrusion and the forward-most edge of the article of
`footwear.
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`disposed between the first protrusion
`and the forward-most edge of
`the article of footwear; and
`
`
`
`Exemplary Citations to Feshbach
`
`For example, see the following illustrative citation(s):
`
`See supra, Elements 1(d)-1(e).
`
`
`
`“Although the protrusions 114 can be any shape, preferably, the protrusions 114 are
`characterized by a rounded top portion 120 and a base 122 opposite the top portion 120, the
`base 122 integrally formed with the outsole 106. The height of the protrusions 114 may
`vary depending on their location. Preferably, the height of the protrusion 114 is slightly
`smaller than the height of the chamber within which they reside. The chamber may have
`varying heights due to the contours of the midsole 104 and/or the outsole 106. As such, the
`heights of each individual protrusion 114 may vary accordingly so as to maintain a constant
`gap between the top of the protrusion 114 and the midsole 104 in its natural state, meaning
`when no weight is applied to the midsole. When weight is applied to the midsole,
`specifically, when a user is wearing the shoe and standing, the gap may be diminished or
`eliminated due to the pressure applied to the midsole causing it to depress towards the
`protrusions. Preferably, the average height of the protrusions 114 located in the heel air
`chamber is taller than the average height of the protrusions 114 in the metatarsal air
`chamber.” Feshbach, ¶ [0024].
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`Exemplary Citations to Feshbach
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`Exemplary Citations to Feshbach
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`1(h) a plurality of foam beads
`disposed in the cavity, at least a
`portion of the plurality of foam beads
`being disposed at a base of the first
`protrusion.
`
`
`To the extent that Feshbach does not expressly, implicitly, or inherently disclose an article
`of footwear comprising a plurality of foam beads disposed in the cavity, at least a portion of
`the plurality of foam beads being disposed at a base of the first protrusion, it would have
`been obvious to incorporate the foam beads, as was known in the art at the time of the ’412,
`into Feshbach’s cavity, including at a base of the first protrusion.
`
`For example, see the following illustrative citation(s):
`
`Whiteman discloses “a sole 1610 according to the invention for a shoe which comprises a
`cushioning element 1630 provided as a midsole and which comprises randomly arranged
`particles 1635 of an expanded material.” Whiteman, Ex. 412-4 at 8:21-25.
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`Exemplary Citations to Feshbach
`Whiteman explains that its “particles of the expanded material may, in particular, comprise
`one or more of the following materials: expanded ethylene-vinyl-acetate (eEVA), expanded
`thermoplastic urethane (eTPU), expanded polypropylene ((cid:488)(cid:519)(cid:519)), expanded polyamide
`((cid:488)(cid:519)(cid:505)), expanded polyether block amide ((cid:488)(cid:519)(cid:508)(cid:506)(cid:505)), expanded polyoxymethylene ((cid:488)(cid:519)(cid:517)(cid:514)),
`expanded polystyrene (PS), expanded polyethylene ((cid:488)(cid:519)(cid:508)), expanded polyoxyethylene
`((cid:488)(cid:519)(cid:517)(cid:508)), and expanded ethylene propylene diene monomer (eEPDM). Each of these
`materials has specific characteristic properties which, depending on the requirement profile
`for the sole, may be advantageously used for the manufacture of the shoe sole. In particular,
`eTPU has excellent cushioning properties which remain unchanged also at lower or higher
`temperatures. Furthermore, eTPU is very elastic and restores the energy stored during
`compression, e.g. when treading on the ground, almost entirely to the foot during
`subsequent expansion.” Whiteman, Ex. 412-4 at 7:35-51.
`
`Whiteman explains that the sole 1610 “comprises a cushioning element 1630 provided as a
`midsole and which comprises randomly arranged particles 1635 of an expanded material.
`FIG. 16a shows the unloaded state and FIG. 16b shows the loaded state after touching 1650
`the ground. The sole 1610 further comprises a control element 1620 provided as an outsole
`and which comprises a number of protrusions 1622 as well as a number of
`recesses/depressions 1628.” Whiteman, Ex. 412-4 at 8:21-30.
`
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`Exemplary Citations to Feshbach
`See also Whiteman at 9:12-19 & Fig. 17.
`
`See generally, Whiteman, Ex. 412-4 at Element 1(h).
`
`
`
`Whiteman is directed to a “sole 100 compris[ing] a cushioning element 110 which
`comprises randomly arranged particles of an expanded material, as well as a control
`element 130 which selectively influences the shear capacity of the cushioning element.”
`Whiteman, Ex. 412-4 at 7:10-14.
`
`In addition to the reasons set forth in Section IV.B.2 of the Preliminary Invalidity
`Contentions, it would have been obvious to incorporate the foam beads of Whiteman into
`the chamber/cavity Feshbach, including at a base of the first protrusion, at least because it
`would have addressed the problem of Feshbach’s chambers collapsing under higher load
`conditions in a simple and cost-effective way. Specifically, using the foam beads of
`Whiteman with Feshbach would avoid the additional cost and complexity of having to
`manufacture Feshbach’s chambers to be air tight. See Feshbach at ¶ [0023]; see also
`Whiteman, Ex. 412-4 at 3:13-19 (describing how Whiteman’s foam particles “are
`particularly easy to handle and, due to their random arrangement, no orientation is
`necessary during manufacture”).
`
`In addition, it would have been obvious to incorporate the foam beads of Whiteman into the
`chamber/cavity Feshbach, including at a base of the first protrusion, because it would have
`improved performance and comfort by helping to control shear forces. Whiteman, Ex. 412-
`4 at 1:59-2:12, 9:12-25; see also id. at 2:9-12, 3:20-29, 7:26-34; 10:2-7.
`
`See also US 2008/0060221 (Hottinger):
`
`Referring to FIGS. 2-3, in order to reduce manufacturing costs associated with the current
`complex systems used for midsoles, the midsole 14 of shoe 10 in the preferred embodiment
`of the present invention includes a loose fill material 18 instead of a continuous section of
`material normally found in midsole 14. Loose fill 18 is placed in compartments at the heel
`22 and front 20 of the midsole 14.” Hottinger, ¶ [0019].
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`Exemplary Citations to Feshbach
`“FIG. 4 illustrates an embodiment of the present invention that includes a front
`compartment 20, a heel compartment 22, and an arch support 26 section of the midsole
`separating the front compartment 20 from the heel compartment 22. The arch support 26
`section separates the front compartment 20 from the heel compartment 22 and is made of
`the same material as the rest of the midsole. The arch 26 support provides relatively rigid
`support to improve the shoe's comfort and stability. By separating the front compartment 20
`and the heel compartment 22, the cushioning provided by the loose fill 18 may be targeted
`to the locations where a wearer experiences the highest impact forces while moving, namely
`the heel and the ball of the foot and toes.” Hottinger, ¶ [0023].
`
`In addition to the reasons set forth in Section IV.B.2 of the Preliminary Invalidity
`Contentions, it would have been obvious to incorporate the loose fill of Hottinger into the
`chamber/cavity Feshbach, including at a base of the first protrusion, at least because it
`would have addressed the problem of Feshbach’s chambers collapsing under higher load
`conditions in a simple and cost-effective way.
`
`See also US 6,061,928 (Nichols):
`
`“An improved cushioning assembly is provided in which separate, independent cushioning
`elements are loaded into a pocket of the sole assembly of the shoe. By providing separate
`and independent cushioning elements, greater variation of the performance of various
`regions of the shoe can be provided, by utilizing cushioning elements having variations in
`one or more of their size, shape, orientation, material properties, and amount of
`precompression. As a result, different regions of the shoe can be better tailored for a
`particular activity or a particular user. In addition, by providing separate independent
`cushioning elements, the cushioning elements can be more closely packed as com pared
`with, for example, prior cushioning elements formed as contiguous sheets. With the
`enhanced ability to more closely pack the cushioning elements, the cushioning elements can
`better transfer forces laterally, to better absorb and dissipate the forces.” Nichols at
`Abstract.
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`Exemplary Citations to Feshbach
`Nichols explains that the top surface 17 and the bottom surface 14 define an inner cavity
`that “provide[s] a container or enclosure for the cushioning elements.” Nichols at Abstract,
`4:18–21, Fig. 1B; Ex. 1008 at ¶ 37.
`
`
`
`
`“The pocket 12 is defined by a bottom surface 14 and side surfaces 16 extending about the
`periphery of the pocket. Within the pocket 12, a plurality of spherical cushioning elements
`18 are provided, each of which is in the form of a Sphere. By providing plural independent
`or separate cushioning elements 18, the cushioning elements can be closely packed within
`the sole assembly, so that the cushioning elements contact each other at their “equators.”
`Further, by providing the cushioning elements as separate or independent cushioning
`elements, they can be formed to have different properties, including different sizes and
`different hardnesses or elasticities, while each cushioning element can be formed of
`sufficient quality and structural integrity. Nichols at 3:49-61.
`
`“The cushioning elements of the present invention can be formed of polyurethane, however
`other materials are possible, and it is also possible to utilize different materials or
`compositions for different cushioning elements of a given shoe.” Nichols at 2:52-56.
`
`In addition to the reasons set forth in Section IV.B.2 of the Preliminary Invalidity
`Contentions, it would have been obvious to incorporate the spherical cushioning elements
`of Nichols into the chamber/cavity Feshbach, including at a base of the first protrusion, at
`least because it would have addressed the problem of Feshbach’s chambers collapsing
`under higher load conditions in a simple and cost-effective way.
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`2. The article of footwear of claim 1,
`wherein the first protrusion is
`located closer to a heel region of the
`article of footwear than the
`other protrusions of the plurality of
`protrusions.
`
`Exemplary Citations to Feshbach
`Feshbach teaches (explicitly, implicitly, and inherently) an article of footwear wherein the
`first protrusion that is located closer to a heel region of the article of footwear than the other
`protrusions of the plurality of protrusions.
`
`
`
`For example, see the following illustrative citation(s):
`
`See supra, Element 1(g); see also Feshbach at Fig. 1 below.
`
`
`
`3. The article of footwear of claim 1,
`wherein the plurality of
`protrusions progressively decrease in
`height from the first protrusion
`to the forward-most edge of the
`article of footwear.
`
`
`Feshbach teaches (explicitly, implicitly, and inherently) an article of footwear wherein the
`plurality of protrusions progressively decrease in height from the first protrusion to the
`forward-most edge of the article of footwear.
`
`
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`Exemplary Citations to Feshbach
`For example, see the following illustrative citation(s):
`
`See supra, Element 1(g).
`
`
`
`“Although the protrusions 114 can be any shape, preferably, the protrusions 114 are
`characterized by a rounded top portion 120 and a base 122 opposite the top portion 120, the
`base 122 integrally formed with the outsole 106. The height of the protrusions 114 may
`vary depending on their location. Preferably, the height of the protrusion 114 is slightly
`smaller than the height of the chamber within which they reside. The chamber may have
`varying heights due to the contours of the midsole 104 and/or the outsole 106. As such, the
`heights of each individual protrusion 114 may vary accordingly so as to maintain a constant
`gap between the top of the protrusion 114 and the midsole 104 in its natural state, meaning
`when no weight is applied to the midsole. When weight is applied to the midsole,
`specifically, when a user is wearing the shoe and standing, the gap may be diminished or
`eliminated due to the pressure applied to the midsole causing it to depress towards the
`protrusions. Preferably, the average height of the protrusions 114 located in the heel air
`chamber is taller than the average height of the protrusions 114 in the metatarsal air
`chamber.” Feshbach, ¶ [0024].
`
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`’412 patent
`
`Exemplary Citations to Feshbach
`
`
`
`
`
`
`
`4. The article of footwear of claim 1,
`wherein the plurality of foam
`beads is disposed within the cavity
`between the first protrusion and a
`rearward-most edge of the article of
`footwear.
`
`
`To the extent that Feshbach does not expressly, implicitly, or inherently disclose an article
`of footwear where the plurality of foam beads are disposed within the cavity between the
`first protrusion and a rearward-most edge of the article of footwear, it would have been
`obvious to incorporate the foam beads, as was known in the art at the time of the ’412
`patent, into Feshbach’s cavity, including between the first protrusion and a rearward-most
`edge of the article of footwear.
`
`For example, see the following illustrative citation(s):
`
`See supra, Element 1(h).
`
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`

`’412 patent
`
`
`
`Exemplary Citations to Feshbach
`
`
`
`
`“To further improve shock absorption and comfort, the midsole 104 and the outsole 106 are
`constructed so as to create a chamber 108, 110 or cavity in between the midsole 104 and the
`outsole 106. In some embodiments, the chamber 108, 110 may be one continuous chamber
`from the front portion 10 of the shoe underneath the ball of the foot or the metatarsals all
`the way to the heel portion 12 of the shoe. In other words, the chamber 108, 110 may
`extend substantially the fall length and width of the shoe.” Feshbach, ¶ [0018].
`
`See also Feshbach at Fig. 2.
`
`5. The article of footwear of claim 4,
`wherein the cavity is substantially
`filled with the plurality of foam beads
`between the first protrusion
`and the rearward-most edge.
`
`To the extent that Feshbach does not expressly, implicitly, or inherently disclose an article
`of footwear where the cavity is substantially filled with the plurality of foam beads between
`the first protrusion and the rearward-most edge, it would have been obvious to incorporate
`the foam beads, as was known in the art at the time of the ’412 patent, into Feshbach’s
`
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`
`
`’412 patent
`
`Exemplary Citations to Feshbach
`cavity, including to substantially fill the cavity with the plurality of foam beads between the
`first protrusion and the rearward-most edge.
`
`For example, see the following illustrative citation(s):
`
`See supra, Claim 4, Element 1(h).
`
`6. The article of footwear of claim 1,
`wherein the plurality of foam
`beads substantially fills the cavity at
`a heel region of the article of
`footwear disposed between the
`midfoot region and a rearward-most
`edge of the article of footwear.
`
`
`To the extent that Feshbach does not include a cavity substantially filled with the plurality
`of foam beads at a heel region of the article of footwear disposed between the midfoot
`region and a rearward-most edge of the article of footwear, it would have been obvious to
`substantially fill the cavity with foam beads, as was known in the art at the time of the ’412
`patent, including at a heel region of the article of footwear disposed between the midfoot
`region and a rearward-most edge of the article of footwear.
`
`
`For example, see the following illustrative citation(s):
`
`See supra, Claim 4, Element 1(h).
`
`7. The article of footwear of claim 1,
`wherein the cavity is substantially
`filled with the plurality of foam
`beads.
`
`
`To the extent that Feshbach does not include a cavity substantially filled with the plurality
`of foam beads, it would have been obvious to substantially fill the cavity with foam beads,
`as was known in the art at the time of the ’412 patent.
`
`
`For example, see the following illustrative citation(s):
`
`See supra, Claim 4, Element 1(h).
`
`
`
`
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`
`
`EXHIBIT 412-2
`Invalidity Claim Chart for U.S. Patent 10,098,412
`
`
`
`KR100848718B1 by Tae-Sung Lee (“Lee”), which was published on July 25, 2008 and registered on July 21, 2008 (Ex. 1006),
`anticipates or renders obvious the asserted claims of the U.S. Patent 10,098,412 (“the ’412 patent) pursuant to at least AIA 35 U.S.C. §
`102(a)(1) under the ’412 patent’s earliest possible priority date.
`
`As set forth in