Seeking Clarity on Comparison Prior Art: Seirus Petitions Supreme Court in Heat Wave Design Patent Dispute
Patent – Patently-O 2024-04-20
Summary:
by Dennis Crouch
Seirus has petitioned for writ of certiorari in its long-running design patent dispute with Columbia Sportswear. The petition asks two questions related to the comparison process for design patent infringement — in particular, the questions focus on what can qualify as “comparison prior art” used to provide context for the infringement analysis.
Questions presented:
- When looking for comparison prior art, is the article’s function relevant in any way?
- Must the comparison prior art be the “same article” as claimed?
Petition for Writ of Certiorari, Seirus Innovative Accessories, Inc. v. Columbia Sportswear N. Am., Inc., No. 23-1052 (U.S. Mar. 21, 2024) (question paraphrased).
- Federal Circuit’s 2023 Decision.
- Seirus Petition for Writ of Certiorari filed by John Thornburgh and team at Fish & Richardson.
Columbia’s design patent claims an “ornamental design of a heat reflective material” as shown in the figures. U.S. Patent D657,093. Although the parties typically apply the pattern on the inside of gloves and other winter clothing, the patent itself is claimed broad enough to cover any “heat reflective material” having the ornamental wave pattern applied.