In good news, SCOTUS has denied cert in #SeirusVersusColumbia
https://www.supremecourt.gov/orders/courtorders/052024zor_d1o3.pdf
Unsurprisingly, Columbia has waived its right to respond to Seirus' cert petition: https://www.supremecourt.gov/search.aspx?filename=/docket/DocketFiles/html/Public/23-1052.html
In other news, Seirus has filed a cert petition:
https://www.supremecourt.gov/search.aspx?filename=/docket/DocketFiles/html/Public/23-1052.html
Covves is right that these types of references can't be used in the infringement analysis, under #ColumbiaVersusSeirus.
See Columbia Sportswear N. Am., Inc. v. Seirus Innovative Accessories, Inc., 80 F.4th 1363, 1378 (Fed. Cir. 2023) ("[T]o qualify as comparison prior art, the prior-art design must be applied to the article of manufacture identified in the claim.")
The Federal Circuit has denied Seirus' petition for rehearing in #ColumbiaVersusSeirus.
For more thoughts on the petition for rehearing and some problems with it see:
https://mastodon.social/@design_law/111443508067218371
Seirus has filed a petition for rehearing en banc in its case against Columbia:
https://www.scribd.com/document/685887103/Columbia-v-Seirus-Seirus-PFR
Sarah Fackrell
Sarah Fackrell