Today, the Federal Circuit released one precedential opinion and two nonprecedential orders. The opinion vacates a non-infringement judgment in a patent case and remands for further proceedings. Interestingly, the Federal Circuit previously vacated a summary judgment of infringement in the same case. The nonprecedential orders each grant unopposed motions for voluntary dismissals. Here is the introduction to the opinion and the links to the dismissals.
Columbia Sportswear North America, Inc. (“Columbia”) sued Seirus Innovative Accessories, Inc. (“Seirus”) for infringing U.S. Design Patent No. D657,093 (“the D’093 patent”). After the district court granted summary judgment of infringement and a jury awarded Columbia $3,018,174 in damages, Seirus appealed to this court. In Columbia I, we vacated the summary judgment of infringement and remanded for further proceedings.
On remand, a jury found that Seirus did not infringe. Columbia appeals, mainly challenging the jury instructions. Seirus conditionally cross-appeals as to damages. For the reasons discussed below, we vacate the non-infringement judgment and remand for further proceedings.