-
Seirus Innovative Accessories, Inc. v. Cabela's, Inc. DC CAFC
- 3:09-cv-00102
- S.D. Cal.
- Judge: Marilyn L. Huff
+2
- Filed: 01/20/2009
- Closed: 03/29/2013
- Latest Docket Entry: 04/12/2013
- PACER
1
Plaintiff
3
Defendants
3
Accused
Products
3
Patents-in-Suit
1,530
Days in
Litigation
-
Seirus Innovative Accessories, Inc. v. Cabela's, Inc. DC CAFC
- 3:09-cv-00102
- S.D. Cal.
- Judge: Marilyn L. Huff
+2
- Filed: 01/20/2009
- Closed: 03/29/2013
- Latest Docket Entry: 04/12/2013
- PACER
Market Sector
Consumer Products
Referred Judge
Assigned Judge
Previously Presiding
Janis L. Sammartino (until 12/18/2011)
Outcome Summary
- Patent Information
-
Validity & Enforceability
Claim | Outcome |
---|---|
All challenged claims |
Enforceable and Valid (101)
Entry 342 |
Claim | Outcome |
---|---|
All challenged claims |
Enforceable and Valid (101 and 102 and 112)
Entry 342 |
Claim # | Claim Text | Outcome |
---|---|---|
1 |
An article of clothing comprising: a mask member sized and shaped to fit about the face, said mask member having an upper edge to extend along the lower part of the eye socket areas contouredly over the nose, and a lower edge to extend under the
view more
|
Invalid (103)
Entry 493 Entry 453 Entry 446 |
2 |
The article of clothing of claim 1 wherein said scarf member has a left side and a right side which extend rearwardly and are sized to surround the neck of the user.
|
Invalid (103)
Entry 493 Entry 453 |
3 |
The articles of clothing of claim 2 wherein the scarf member in the area under the chin of the user extends in height from the lower edge of the mask member to the chest area of the user.
|
Invalid (103)
Entry 493 Entry 453 |
4 |
An article of clothing comprising: a mask member sized and shaped to fit about the face, said mask member having an upper edge to extend along the lower part of the eye socket areas contouredly over the nose, and a lower edge to extend under the
view more
|
Invalid (103)
Entry 493 Entry 453 Entry 446 |
5 |
The article of clothing of claim 4 wherein said scarf member extends from the lower edge at the temple area rearwardly about the head of the user.
|
Invalid (103)
Entry 493 Entry 453 |
8 |
The article of clothing of claim 1 wherein said mask member is made of a stretchable material.
|
Invalid (103)
Entry 493 Entry 453 |
9 |
The article of clothing of claim 8 wherein said mask member is multi-layered with a fleece internal layer and a water resistant exterior layer.
|
Invalid (103)
Entry 493 Entry 453 |
10 |
The article of clothing of claim 8 wherein said mask member is made of a closed cell neoprene material with an internal fleece layer laminated thereto and the external water resistant material laminated thereto.
|
Invalid (103)
Entry 493 Entry 453 |
11 |
The article of clothing of claim 1 wherein said scarf member is made of a soft stretchable material.
|
Invalid (103)
Entry 493 Entry 453 |
12 |
The article of clothing of claim 11 wherein said scarf member is made of a fleece-like material.
|
Invalid (103)
Entry 493 Entry 453 |
13 |
The article of clothing of claim 1 wherein said mask member has a middle edge forward therein for positioning under the user's nose and sized to extend substantially the width of the user's nose.
|
Invalid (103)
Entry 493 Entry 453 |
14 |
The article of clothing of claim 13 wherein said mask member has a front edge extending from said middle edge downwardly toward the user's chin, said front edge being formed to be arcuate when not in use.
|
Invalid (103)
Entry 493 Entry 453 |
15 |
The article of clothing of claim 14 wherein said mask is sized to position the lower edge snugly under the chin and said front edge is shaped to alternately and selectively form a pocket proximate the lips.
|
Invalid (103)
Entry 493 Entry 453 |
All Claims |
NA
|
Enforceable and Valid (101 and 112)
Entry 342 |
-
Infringement
Cabela's Incorporated
- 2 Details
Accused Product | Patent # | Claim # | Outcome |
---|---|---|---|
SOFT SHELL TECHNICAL BALACLAVAThe Soft Shell product is a balaclava head garment for covering a user’s face, including openings for the user’s eyes and nose and a portion to cover the user’s neck. | US 6,272,690 B1 | All Asserted Claims |
No infringement
Entry 493Entry 453 Entry 440 |
SAVE FACE WINDTECH MASKOTZip Neck GaiterZip Neck Gaitor | US D510,652 S1 | All Asserted Claims |
No infringement
Entry 493Entry 453 Entry 440 |
Ross Glove Company
- 2 Details
Accused Product | Patent # | Claim # | Outcome |
---|---|---|---|
SOFT SHELL TECHNICAL BALACLAVAThe Soft Shell product is a balaclava head garment for covering a user’s face, including openings for the user’s eyes and nose and a portion to cover the user’s neck. | US 6,272,690 B1 | All Asserted Claims |
No infringement
Entry 493Entry 453 Entry 440 |
SAVE FACE WINDTECH MASKOTZip Neck GaiterZip Neck Gaitor | US D510,652 S1 | All Asserted Claims |
No infringement
Entry 493Entry 453 Entry 440 |