Columbia's design patent claims an 'ornamental design of a heat reflective material' as shown in the figures. 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.
The jury sided with the accused infringer Seirus, finding no infringement. The district court entered that judgment, but the Federal Circuit vacated on appeal and remanded for yet another new trial. Seirus has now petitioned for writ of certiorari.
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