SPORT DIMENSION, INC., A CALIFORNIA CORPORATION, Plaintiff-Appellee
THE COLEMAN COMPANY, INC., A DELAWARE CORPORATION, Defendant-Appellant
from the United States District Court for the Central
District of California in No. 2:14-cv-00438-BROMRW, Judge
Beverly Reid O'Connell.
MIKULKA, Manatt, Phelps & Phillips, LLP, Costa Mesa, CA,
argued for plaintiff-appellee. Also represented by MICHAEL I.
ROTHWELL, Los Angeles, CA.
R. ANNIS, Husch Blackwell LLP, St. Louis, MO, argued for
defendant-appellant. Also represented by JOANN TRACY
MOORE, HUGHES, and STOLL, Circuit Judges.
U.S.P.Q.2d 1608] Stoll, Circuit Judge.
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.
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.
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.
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.
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
Glove® device extends ...