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Sport Dimension, Inc. v. The Coleman Co., Inc.

United States Court of Appeals, Federal Circuit

April 19, 2016

SPORT DIMENSION, INC., A CALIFORNIA CORPORATION, Plaintiff-Appellee
v.
THE COLEMAN COMPANY, INC., A DELAWARE CORPORATION, Defendant-Appellant

Page 1317

          Appeal from the United States District Court for the Central District of California in No. 2:14-cv-00438-BROMRW, Judge Beverly Reid O'Connell.

         YURI MIKULKA, Manatt, Phelps & Phillips, LLP, Costa Mesa, CA, argued for plaintiff-appellee. Also represented by MICHAEL I. ROTHWELL, Los Angeles, CA.

         MICHAEL R. ANNIS, Husch Blackwell LLP, St. Louis, MO, argued for defendant-appellant. Also represented by JOANN TRACY SANDIFER.

         Before MOORE, HUGHES, and STOLL, Circuit Judges.

          OPINION

Page 1318

          [118 U.S.P.Q.2d 1608] Stoll, Circuit Judge.

         Coleman Company, Inc. appeals from a stipulated judgment of noninfringement entered by the United States District Court for the Central District of California. Coleman challenges the district court's claim construction on which the stipulated judgment was based and its exclusion of Coleman's expert. For the reasons stated below, we vacate the judgment, affirm the court's exclusion of Coleman's expert, and remand for proceedings consistent with this opinion.

         Background

         Coleman is an outdoor sporting equipment company that sells an array of products, including personal flotation devices. Coleman owns United States Design Patent No. D623,714 (" D'714 patent" ). It claims " [t]he ornamental design for a personal flotation device," as shown in Figures 1 and 2 below.

(Image Omitted)

(Image Omitted)

D'714 patent Figs. 1, 2. The D'714 patent generally discloses a personal flotation device with two arm bands connected to a torso piece. The torso piece is flat on its back and tapers toward a connecting strap on its sides.

         Sport Dimension is a sports equipment and apparel company that sells water-sports-related equipment, including its Body Glove® line of personal flotation devices. Sport Dimension's Body Glove® Model 325 is the accused device and is shown below.

(Image Omitted)

(Image Omitted)

Page 1319

Supplemental Appendix 1474-75. Sport Dimension's accused personal flotation devices, like Coleman's design, have two armbands connected to a torso piece. But, unlike Coleman's design, the torso section in the Body GloveĀ® device extends ...


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