Columbia Outdoor Gear Design Patent Dispute Revived on Appeal

Columbia Sportswear North America Inc. will get a third shot in its design patent lawsuit against Seirus Innovations Accessories Inc. after a Federal Circuit panel agreed that improper jury instructions led aCalifornia jury to clear Seirus of infringing Columbia’s intellectual property.

During a 2020 retrial, Seirus put on evidence of patents featuring fabric with wavy designs as prior references as it tried to convince jurors its HeatWave gloves and other products don’t infringe Columbia’s D657,093 design patent, which covers a heat-reflective material for gloves, footwear, socks, sleeping bags, and other outdoor gear.

“The problem” at the trial, however, is that ...