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Federal Circuit: The Comparison Prior Art Has to be Within the Proper Scope
On Sept. 15, 2023, a Federal Circuit panel including Judges Prost, Reyna, and Hughes issued a unanimous decision in Columbia Sportswear North America, Inc. v. Seirus Innovative Accessories, Inc., Case Nos. 2021-2299, 2021-2338 (Fed. Cir. 2023). The Federal Circuit vacated the jury's finding of non-infringement of U.S. Design Patent No. D657,093 ("the D'093 patent") and remanded for further proceedings. Slip op. at 2.
Plaintiff Columbia Sportswear North America, Inc. (Columbia) accused Defendant Seirus Innovative Accessories, Inc. (Seirus) of infringing the D'093 patent, which claims the "ornamental design of a heat reflective material." Id. The district court initially granted Columbia's motion for summary judgment of infringement of the D'093 patent. In doing so, the district court rejected Seirus's argument that its logo within the design of the material "made that design different enough from the claimed design" to preclude infringement. Id. at 5. The district court also "disregarded the Seirus logo altogether in its infringement analysis." Id. The district court further found that the "comparison prior art" was "far afield" from the D'093 patent and was therefore not "relevant comparison prior art." Id.
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