Lululemon Athletica, Calvin Klein, Inc., a wholly owned subsidiary of
PVH Corp., and G-III Apparel Group, Ltd., a Calvin Klein, Inc. licensee
for Calvin Klein Performance, have entered into a settlement agreement
that will resolve the pending design patent litigation related to
certain yoga pant designs.
The terms of the parties’ settlement
agreement are confidential. Pursuant to the agreement, the pending
litigation will be dismissed.
As reported, Lululemon in a lawsuit
filed in mid-August in the U.S. District Court for the District of
Delaware alleged that Calvin Klein Inc and G-III Apparel Group Ltd
infringed on three U.S. patents for its popular yoga pants.
In a
July letter, Lululemon warned Calvin Klien that its knee length running
tights marketed under the Performance brand violated all three patents,
including two issued in June. G-III responded to the letter within
weeks.
Lululemon was seeking an injunction prohibiting further
infringement and enjoining G-III from further manufacture, sale or
importation of the pants. The lawsuit also sought damages "adequate to
compensate for such infringement, including, but not limited to, lost
profits, a reasonable royalty award, disgorgement of the profits
received by Defendants, treble damages, costs, pre and post judgment
interest at the maximum allowable rate, attorneys’ fees, and such other
and further relief this Court deems just and proper."
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