Lululemon athletica canada inc. (lululemon) and Calvin Klein, Inc. (Calvin Klein) have agreed to settle their patent infringement lawsuit involving the design of yoga pants.
As previously discussed by Arent Fox, on August 13, 2012, lululemon sued Calvin Klein before the U.S. District Court for the District of Delaware for direct and indirect willful infringement of lululemon’s yoga pant design patents. lululemon asserted that Calvin Klein’s sale of certain yoga pants that incorporated similar design elements as those in lululemon’s patents, constituted direct and indirect patent infringement. The terms of the settlement agreement are confidential.
On August 13, 2012, lululemon athletica canada inc. (“lululemon”) filed an action before the U.S. District Court for the District of Delaware against Calvin Klein, Inc. (“Calvin Klein”) and G-III Apparel Group, Ltd. (“G-III”) for direct and indirect willful infringement of lululemon’s design patents for certain yoga pants.
Founded in 1998 in Vancouver, British Colombia, lululemon is an international retailer of technical athletic apparel for yoga, running, dancing, and other activities. Along with a variety of products, lululemon sells a yoga pant under the brand name Astro Pant™. The pant includes a number of features such as “luon, four-way stretch and moisture wicking, [and a] gusset designed for greater range of movement and comfort.” The company owns three US. design patents covering the features embodied in the Astro Pant™.
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