Page 1 - COMPLAINT FOR PATENT INFRINGEMENT SCHWABE, WILLIAMSON & WYATT, P.C.

Attorneys at Law

Pacwest Center

1211 SW 5th Ave., Suite 1900

Portland, OR 97204

Telephone: 503.222.9981

Fax: 503.796.2900

PDX\106477\192966\NSM\15194238.2

David W. Axelrod, OSB #750231

Email: daxelrod@schwabe.com

Devon Zastrow Newman, OSB #014627

Email: dnewman@schwabe.com

SCHWABE, WILLIAMSON & WYATT, P.C.

Pacwest Center

1211 SW 5th Ave., Suite 1900

Portland, OR 97204

Telephone: 503.222.9981

Facsimile: 503.796.2900

Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

PORTLAND DIVISION

COLUMBIA SPORTSWEAR 

NORTH AMERICA, INC., an Oregon 

corporation,

Plaintiff,

v.

SEIRUS INNOVATIVE ACCESSORIES, 

INC., a Utah corporation,

Defendant.

No. 3:15-cv-64

COMPLAINT FOR PATENT 

INFRINGEMENT

DEMAND FOR JURY TRIAL

COMPLAINT

Plaintiff, Columbia Sportswear North America, Inc. (“Columbia Sportswear”), brings this 

Complaint for patent infringement against Defendant Seirus Innovative Accessories, Inc. 

(“Seirus”), and alleges as follows:

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Attorneys at Law

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1211 SW 5th Ave., Suite 1900

Portland, OR 97204

Telephone: 503.222.9981

Fax: 503.796.2900

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NATURE OF THE ACTION

1. This is an action for patent infringement arising under the patent laws of the 

United States, including 35 U.S.C. § 271, §§ 281-285 and § 289.

2. This lawsuit pertains to the Defendant’s infringement of Columbia Sportswear’s 

U.S. Patent Nos. D657,093 (the “‘093 Patent”), 8,424,119 (the “‘119 Patent”), and 8,453,270 

(the “‘270 Patent”) (collectively, the “Columbia Patents”). Collectively, these patents protect 

Columbia Sportswear’s widely-recognized Omni-Heat® technology, a proprietary heat reflective 

material that regulates temperature by retaining body heat and also provides other desirable 

features, such as breathability and moisture wicking. This innovative material is featured as 

lining in outdoor wear such as jackets, shirts, gloves, socks and headwear sold under the 

Columbia brand.

3. Columbia Sportswear seeks injunctive relief and damages against Defendant.

THE PARTIES

4. Plaintiff Columbia Sportswear North America, Inc. is a corporation organized and 

existing under the laws of the State of Oregon, with its principal place of business located in 

Portland, Oregon. Columbia Sportswear North America, Inc. is a wholly-owned subsidiary of 

Columbia Sportswear Company, a corporation organized and existing under the laws of the State 

of Oregon, with its principal place of business in Portland, Oregon. Columbia Sportswear North 

America, Inc. owns the Columbia Patents. 

5. Defendant Seirus Innovative Accessories, Inc. is a Utah corporation having a 

principal place of business located in Poway, California. On information and belief, Defendant 

Seirus manufactures and sells gloves and glove components, including the accused products in 

this case, and other sportswear accessories, through various retailers, including retailers in 

Tigard, Hillsboro, Portland and Corvallis, Oregon.

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Attorneys at Law

Pacwest Center

1211 SW 5th Ave., Suite 1900

Portland, OR 97204

Telephone: 503.222.9981

Fax: 503.796.2900

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JURISDICTION AND VENUE

6. Columbia Sportswear’s cause of action for patent infringement against Seirus 

arises under the patent laws of the United States, 35 U.S.C. § 101 et seq., including §§ 271, 281-

85 and 289. This Court has original jurisdiction over this subject matter pursuant to 28 U.S.C. 

§§ 1331 and 1338(a). 

7. This Court has personal jurisdiction over Seirus because it has infringed the 

Columbia Patents in this district by selling or offering for sale infringing products for resale to 

consumers by retail stores, including in Tigard, Hillsboro, Portland and Corvallis, Oregon, and/or 

by inducing retailers to sell its infringing products in this district. Seirus also offers or has 

offered the infringing products for sale through advertising materials circulated to potential 

customers in this district. Further, Seirus maintains an Internet site available to consumers 

within this district on which it advertises its products and hosts a search function whereby users 

can enter a city or zip code in order to search for local retail stores where Seirus products are 

sold. In addition, Seirus also offers or has offered the infringing products for direct sale to 

consumers in this district through in-store kiosks provided by certain retail stores in this district. 

Infringing products sold by Seirus through in-store kiosk sales are, at the option of the consumer, 

sent for delivery (without shipping cost) to the store in which the consumer ordered the product, 

or to a personal address of the consumer’s choice.

8. Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b) & (c) 

and 1400(b). Seirus has committed acts of infringement in this district by selling and offering to 

sell products that infringe the Columbia Patents within this judicial district. Further, the inventor 

of Columbia Sportswear’s design patent at issue, U.S. D657,093, who is no longer an employee 

of Columbia Sportswear, resides in Oregon. Four additional potential third-party witnesses to 

this action reside in Oregon.

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Attorneys at Law

Pacwest Center

1211 SW 5th Ave., Suite 1900

Portland, OR 97204

Telephone: 503.222.9981

Fax: 503.796.2900

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PROCEDURAL BACKGROUND

9. Columbia Sportswear discovered in late 2013 that Seirus was infringing its design 

patent U.S. D657,093 by manufacturing or importing, using, selling and/or offering for sale 

gloves that embodied Columbia Sportswear’s patented design for the heat reflective material 

lining of outdoor wear such as gloves. Columbia Sportswear believed, and continues to believe, 

that Seirus sold or offered the infringing products for sale in the District of Oregon, but could not 

initially substantiate this belief. In order to preserve and enforce its patent rights, Columbia 

Sportswear filed a patent infringement action on December 4, 2013, against Seirus in the United 

States District for the Western District of Washington at Seattle, Case No. 2:13-cv-2175-RSM. 

The Western District of Washington was the nearest federal district to Columbia Sportswear’s 

home forum where it could substantiate Seirus’ infringement and which it believed at that time to 

be the most convenient for it and its known third-party witnesses. Columbia Sportswear 

immediately notified Seirus regarding the lawsuit, but did not serve Seirus, electing instead to 

attempt to resolve the issue out of court.

10. When Seirus refused to stop its infringing conduct, Columbia Sportswear filed 

and served an Amended Complaint on Seirus on April 2, 2014, adding allegations of 

infringement of two additional Columbia Sportswear utility patents, 8,424,119, and 8,453,270, 

which infringement Columbia Sportswear had confirmed since filing the Complaint. Seirus 

never filed an Answer to Columbia Sportswear’s Amended Complaint denying these allegations, 

instead moving to dismiss for improper venue, or in the alternative, transfer venue to the 

Southern District of California, Seirus’ home forum. In its motion, Seirus acknowledged that 

Columbia Sportswear’s “vitality and witnesses” and “such third-party witnesses as the inventors 

of the patents-in-suit and Plaintiffs’ patent prosecution counsel” are all located in Oregon.

11. Columbia Sportswear moved on June 26, 2014, to stay briefing on the motion to 

dismiss and sought leave of the Court to take discovery regarding Seirus’ contacts with the State 

of Washington, to permit Columbia Sportswear to fully respond to Seirus’ motion. The Court 

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Attorneys at Law

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Portland, OR 97204

Telephone: 503.222.9981

Fax: 503.796.2900

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stayed Seirus’ motion to dismiss pending resolution of Columbia Sportswear’s motion for leave 

to take discovery. Columbia Sportswear’s motion was under consideration for over six months. 

Columbia Sportswear notified the Court on two separate occasions, pursuant to the 

encouragement provided under W.D. Wash. L. R. 7(b)(5), that the motion had been under 

advisement for more than 45 days. 

12. During the time the motion was under advisement in the Western District of 

Washington, Columbia Sportswear continued to monitor Seirus’ infringing activity and obtained, 

for the first time, evidence that Seirus was actively infringing its patents in the District of Oregon 

by at least: selling infringing products for resale to consumers through third-party retail stores, 

including through direct-to-consumer shipping available through in-store kiosk orders placed by 

the consumer at certain third-party retail stores that offer Seirus products; offering for sale the 

infringing products through advertising materials circulated to potential customers in this district; 

and maintaining an Internet site available to consumers within this district on which Seirus

advertises its products and hosts a search function whereby users can enter a city or zip code in 

order to search for local third-party retail stores where Seirus products are sold, including 

through direct-to-consumer shipping through in-store kiosk orders. The availability of the 

infringing products in this district has increased with time, despite Seirus’ knowledge of 

Columbia Sportswear’s allegations of infringement.

13. On January 6, 2015, over a year after the Complaint was filed, the District Court 

in Washington denied Columbia’s motion for leave to take discovery and ordered Columbia 

Sportswear to respond to Seirus’ motion to transfer venue.

14. Columbia Sportswear, now certain of infringement of its Omni-Heat® 

technologies in its home state of Oregon, believes Oregon is the best venue for resolution of this 

matter. All of Columbia Sportswear’s employee witnesses reside here. All but one of the six 

potential third-party witnesses reside in Portland, with the last residing in Utah. 

15. Accordingly, on January 12, 2015, Columbia Sportswear filed a notice of 

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Attorneys at Law

Pacwest Center

1211 SW 5th Ave., Suite 1900

Portland, OR 97204

Telephone: 503.222.9981

Fax: 503.796.2900

PDX\106477\192966\NSM\15194238.2

dismissal of the action filed in the Western District of Washington pursuant to Fed. R. Civ. P. 

41(a). Subsequently, Columbia Sportswear filed the instant action.

FACTUAL BACKGROUND

16. Columbia Sportswear is a leading innovator in the global outdoor apparel, 

footwear, accessories and equipment markets. Founded in 1938, Columbia Sportswear apparel, 

footwear, accessories and equipment have earned a reputation for innovation, quality and 

performance, serving the needs of outdoor enthusiasts in more than 100 countries.

17. Columbia Sportswear owns all right, title, and interest in the ‘093 Patent, entitled 

“HEAT REFLECTIVE MATERIAL,” which was duly and legally issued to Columbia 

Sportswear by the United States Patent and Trademark Office on April 3, 2012. The ‘093 Patent 

has a single claim that covers the ornamental design for the heat reflective material as shown and 

described in the figures incorporated into the ‘093 Patent. Figures 1 and 2 of the ‘093 Patent, 

which show an elevational view and enlarged view of the heat reflecting material, are shown 

below: 

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Attorneys at Law

Pacwest Center

1211 SW 5th Ave., Suite 1900

Portland, OR 97204

Telephone: 503.222.9981

Fax: 503.796.2900

PDX\106477\192966\NSM\15194238.2

Figure 8 of the ‘093 patent shows the heat reflective material as used in handwear: 

18. Columbia Sportswear owns all right, title, and interest in the ‘119 Patent, entitled 

“PATTERNED HEAT MANAGEMENT MATERIAL,” which was duly and legally issued to 

Columbia Sportswear by the United States Patent and Trademark Office on April 23, 2013. The 

‘119 Patent is directed to body gear using an array of heat managing elements coupled to a base 

material to direct body heat while also maintaining desirable transfer and other functional 

properties of the base material. Figure 10 of the ‘119 Patent depicts use of the heat management 

material in a glove:

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Attorneys at Law

Pacwest Center

1211 SW 5th Ave., Suite 1900

Portland, OR 97204

Telephone: 503.222.9981

Fax: 503.796.2900

PDX\106477\192966\NSM\15194238.2

Figure 3D of the ‘119 Patent depicts an example of one of multiple patterns contemplated by 

Columbia Sportswear for use in heat management material, a wavy line pattern:

19. Columbia Sportswear owns all right, title, and interest in the ‘270 Patent, entitled 

“PATTERNED HEAT MANAGEMENT MATERIAL,” which was duly and legally issued to 

Columbia Sportswear by the United States Patent and Trademark Office on June 4, 2013. The 

‘270 Patent is directed to body gear using an array of heat managing elements coupled to a base 

material to direct body heat while also maintaining desirable transfer properties of the base 

material. Figure 10 of the ‘270 Patent depicts use of the heat management material in a glove:

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Attorneys at Law

Pacwest Center

1211 SW 5th Ave., Suite 1900

Portland, OR 97204

Telephone: 503.222.9981

Fax: 503.796.2900

PDX\106477\192966\NSM\15194238.2

Figure 3D of the ‘270 Patent depicts an example of one of multiple patterns contemplated by 

Columbia Sportswear for use in heat management material, a wavy line pattern:

20. Defendant Seirus sells gloves under the trade name HEATWAVE that incorporate 

a lining with reflective material as shown below:

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Attorneys at Law

Pacwest Center

1211 SW 5th Ave., Suite 1900

Portland, OR 97204

Telephone: 503.222.9981

Fax: 503.796.2900

PDX\106477\192966\NSM\15194238.2

21. The advertising tag included with the Seirus HEATWAVE glove describes the 

function of the reflective lining material as returning 20 percent more warmth to the user by 

reflecting the heat emitted from the wearer’s body back toward the wearer but while permitting 

moisture transfer.

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Page 11 - COMPLAINT FOR PATENT INFRINGEMENT SCHWABE, WILLIAMSON & WYATT, P.C.

Attorneys at Law

Pacwest Center

1211 SW 5th Ave., Suite 1900

Portland, OR 97204

Telephone: 503.222.9981

Fax: 503.796.2900

PDX\106477\192966\NSM\15194238.2

22. Seirus also sells a glove liner made of the HEATWAVE fabric called the 

HEATWAVE LINER:

23. On its website (http://www.seirus.com/snow-sports-detail/2351/), Seirus instructs 

consumers that the glove liner is to be combined with a glove in order to increase heat: “Our 

exclusive Heatwave lining as a stand alone glove liner lets you increase the heat of any glove.”

24. Columbia Sportswear, suspecting the Seirus HEATWAVE fabric infringed the 

Columbia Patents, purchased a pair of gloves for study from Sound Safety Products in Everett, 

Washington, prior to filing its Complaint in Washington. Columbia Sportswear confirmed the 

Seirus gloves infringed its ‘093 Patent and promptly notified Seirus of the infringement on 

December 4, 2013, along with filing a Complaint in the United States District Court for the 

Western District of Washington. Columbia Sportswear later filed an Amended Complaint to add 

allegations that the HEATWAVE fabric additionally infringes its ’270 Patent and its’119 Patent, 

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Attorneys at Law

Pacwest Center

1211 SW 5th Ave., Suite 1900

Portland, OR 97204

Telephone: 503.222.9981

Fax: 503.796.2900

PDX\106477\192966\NSM\15194238.2

in addition to the ‘093 Patent. Seirus’ continued sale of gloves and glove liners made with the 

HEATWAVE fabric willfully disregards Columbia Sportswear’s rights in the Columbia Patents.

25. Columbia Sportswear has purchased Seirus gloves containing the HEATWAVE 

fabric in this District, at: Dick’s Sporting Goods in Tigard, Oregon; Sports Authority in 

Hillsboro, Oregon; Sports Authority in Jantzen Beach, Oregon; and Sports Authority in Portland, 

Oregon. Columbia Sportswear has further confirmed the gloves have been offered for sale at the 

Sports Authority in Corvallis, Oregon.

COUNT I –

INFRINGEMENT OF UNITED STATES 

PATENT D657,093

26. Columbia Sportswear restates and realleges each of the allegations, photographs 

and figures of paragraphs 1-25 as if fully set forth herein.

27. Seirus has been, and presently is, infringing the ‘093 Patent within this judicial 

district by manufacturing or importing into, using, selling and/or offering for sale handwear that 

embody the patented invention disclosed in the ‘093 Patent, in violation of 35 U.S.C. §§ 271 

and 289. 

28. Seirus is not licensed or otherwise authorized by Columbia Sportswear to make, 

use, import, sell, or offer to sell any product with heat reflective material whose design is 

covered by the ‘093 Patent and its conduct is, in every instance, willful and without Columbia 

Sportswear’s consent.

29. The design of Seirus’ HEATWAVE fabric so closely resembles the invention 

disclosed in the ‘093 Patent that an ordinary observer would be deceived into purchasing Seirus’ 

HEATWAVE handwear in the mistaken belief that it includes the invention disclosed in the ‘093 

Patent. Seirus will continue to manufacture and sell its HEATWAVE handwear unless enjoined 

by this Court.

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Attorneys at Law

Pacwest Center

1211 SW 5th Ave., Suite 1900

Portland, OR 97204

Telephone: 503.222.9981

Fax: 503.796.2900

PDX\106477\192966\NSM\15194238.2

30. Due to Seirus’ infringement of the ‘093 Patent, Columbia Sportswear is entitled to 

recover from Seirus damages adequate to compensate for the infringement in an amount subject 

to proof at trial, but in no event less than a reasonable royalty, together with interest and costs as 

fixed by this Court under 35 U.S.C. § 284. As an additional remedy for Seirus’ infringement of 

the ‘093 Patent, Columbia Sportswear is entitled to recover Seirus’ total profits from the sale of 

its HEATWAVE handwear, but not less than $250 for each article of manufacture or any 

colorable imitation thereof to which Seirus applied the patented design or which Seirus sold or 

exposed for sale and to which such design or colorable imitation has been applied, under 

35 U.S.C. § 289.

31. Due to Seirus’ infringement of the ‘093 Patent, Columbia Sportswear has 

suffered, is suffering, and will continue to suffer irreparable injury and damage for which 

Columbia Sportswear has no adequate remedy at law. Columbia Sportswear is therefore entitled 

to a permanent injunction against Seirus’ further infringing conduct.

COUNT II –

INFRINGEMENT OF UNITED STATES 

PATENT 8,424,119

32. Columbia Sportswear restates and realleges each of the allegations, photographs 

and figures of paragraphs 1-25 and 27-31 as if fully set forth herein.

33. Seirus is aware of the ‘119 Patent and is manufacturing or importing into, using, 

selling and/or offering for sale gloves and glove liners made with the HEATWAVE fabric with 

knowledge of the ‘119 Patent. 

34. Seirus has been, and presently is, directly infringing the ‘119 Patent, literally or 

under the doctrine of equivalents, within this judicial district by manufacturing or importing into, 

using, selling and/or offering for sale handwear that include the HEATWAVE fabric that 

embodies the patented invention disclosed in the ‘119 Patent, in violation of 35 U.S.C. §§ 271 

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Attorneys at Law

Pacwest Center

1211 SW 5th Ave., Suite 1900

Portland, OR 97204

Telephone: 503.222.9981

Fax: 503.796.2900

PDX\106477\192966\NSM\15194238.2

and 289. 

35. Seirus’ importation into, using, selling and/or offering for sale glove liners 

comprised of the HEATWAVE fabric directly infringes the ‘119 Patent under 35 USC § 271, 

literally or under the doctrine of equivalents. Alternatively, Seirus’ actions regarding the glove 

liners contributorily infringe the ‘119 Patent because the HEATWAVE fabric is a material 

component of the invention disclosed in the ‘119 Patent, the glove liners have no substantial noninfringing uses, and Seirus has acted with knowledge of the ‘119 Patent. Furthermore, Seirus, 

through its actions and specifically by instructing customers to combine the HEATWAVE 

LINER with existing gloves, is inducing customers who buy the glove liner to infringe the 

‘119 Patent.

36. Seirus is not licensed or otherwise authorized by Columbia Sportswear to make, 

use, import, sell, or offer to sell any product with heat management material covered by the 

‘119 Patent and its conduct is, in every instance, without Columbia Sportswear’s consent. 

37. Columbia Sportswear is entitled to recover from Seirus the damages it has 

sustained as a result of Seirus’ wrongful acts in an amount subject to proof at trial, and in any 

event not less than a reasonable royalty, together with interest and costs as fixed by this Court 

under 35 U.S.C. § 284.

38. The infringement by Seirus of the ‘119 Patent will continue to cause Columbia 

Sportswear irreparable injury and damage for which there is no adequate remedy at law unless 

and until Seirus is enjoined from infringing the ‘119 Patent. 

39. Seirus’ infringement of the ‘119 Patent has been and continues to be willful in 

light of its knowledge of the ‘119 Patent since at least December 2013. Accordingly, this is an 

exceptional case under 35 U.S.C. § 285 and Columbia Sportswear is entitled to enhanced 

damages, attorneys’ fees and litigation expenses incurred.

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Attorneys at Law

Pacwest Center

1211 SW 5th Ave., Suite 1900

Portland, OR 97204

Telephone: 503.222.9981

Fax: 503.796.2900

PDX\106477\192966\NSM\15194238.2

COUNT III –

INFRINGEMENT OF UNITED STATES 

PATENT 8,453,270

40. Columbia Sportswear restates and realleges each of the allegations, photographs 

and figures of paragraphs 1-25, and 27-31, and 33-39 as if fully set forth herein.

41. Upon information and belief, Seirus is aware of the ‘270 Patent and is 

manufacturing or importing into, using, selling and/or offering for sale gloves and glove liners 

made with the HEATWAVE fabric with knowledge of the ‘270 Patent. 

42. Seirus has been, and presently is, directly infringing the ‘270 Patent, literally or 

under the doctrine of equivalents, within this judicial district by manufacturing or importing into, 

using, selling and/or offering for sale gloves that include the HEATWAVE fabric that embodies 

the patented invention disclosed in the ‘270 Patent, in violation of 35 U.S.C. §§ 271 and 289.

43. Seirus’ importation into, using, selling and/or offering for sale glove liners 

comprised of the HEATWAVE fabric directly infringes the ‘270 Patent under 35 USC § 271, 

literally or under the doctrine of equivalents. Alternatively, Seirus’ actions regarding the glove 

liners contributorily infringe the ‘270 Patent because the HEATWAVE fabric is a material 

component of the invention disclosed in the ‘270 Patent, the glove liners have no substantial noninfringing uses, and Seirus has acted with knowledge of the ‘270 Patent. Furthermore, Seirus, 

through its actions and specifically by instructing customers to combine the HEATWAVE 

LINER with existing gloves, is inducing customers who buy the glove liner to infringe the 

‘270 Patent.

44. Seirus is not licensed or otherwise authorized by Columbia Sportswear to make, 

use, import, sell, or offer to sell any product with heat management material covered by the ‘270 

Patent and its conduct is, in every instance, without Columbia Sportswear’s consent. 

45. Columbia Sportswear is entitled to recover from Seirus the damages it has 

sustained as a result of Seirus’ wrongful acts in an amount subject to proof at trial, and in any 

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Attorneys at Law

Pacwest Center

1211 SW 5th Ave., Suite 1900

Portland, OR 97204

Telephone: 503.222.9981

Fax: 503.796.2900

PDX\106477\192966\NSM\15194238.2

event not less than a reasonable royalty, together with interest and costs as fixed by this Court 

under 35 U.S.C. § 284. 

46. The infringement by Seirus of the ’270 Patent will continue to cause Columbia 

Sportswear irreparable injury and damage for which there is no adequate remedy at law unless 

and until Seirus is enjoined from infringing the ’270 Patent. 

47. Upon information and belief, Seirus’ infringement of the ‘270 Patent has been and 

continues to be willful in light of its knowledge of the ‘270 Patent since at least December 2013. 

Accordingly, this is an exceptional case under 35 U.S.C. § 285 and Columbia Sportswear is 

entitled to enhanced damages, attorneys’ fees and litigation expenses incurred.

PRAYER FOR RELIEF

WHEREFORE, Columbia Sportswear respectfully requests that the Court enter judgment 

in its favor against Defendant Seirus, granting the following relief:

A. A declaration that the Columbia Patents are valid and enforceable;

B. A judgment and declaration that Seirus has infringed the Columbia Patents 

literally and/or under the doctrine of equivalents; 

C. A grant of permanent injunction pursuant to 35 U.S.C. § 283, enjoining Seirus 

and its agents, servants, officers, directors, employees, affiliated entities and all persons in active 

concern or participation with them from continued infringement of the Columbia Patents;

D. An award of damages adequate to compensate Columbia Sportswear for Seirus’ 

infringement of the Columbia Patents, in an amount no less than a reasonable royalty for the use 

made of the invention disclosed in the Columbia Patents by Seirus, together with interest and 

costs as fixed by the Court, pursuant to 35 U.S.C. § 284; 

E. An award to Columbia Sportswear equal to Seirus’ total profits from the sale of 

its HEATWAVE handwear, but not less than $250 for each article of manufacture or any 

colorable imitation thereof to which Seirus applied the patented design or which Seirus sold or 

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Attorneys at Law

Pacwest Center

1211 SW 5th Ave., Suite 1900

Portland, OR 97204

Telephone: 503.222.9981

Fax: 503.796.2900

PDX\106477\192966\NSM\15194238.2

exposed for sale and to which such design or colorable imitation has been applied, pursuant to 35 

U.S.C. § 289;

F. Enhancement of the damage award based on Seirus’ willful infringement of the 

Columbia Patents.

G. An award of attorneys’ fees pursuant to 35 U.S.C. § 285; and

H. Such other relief as this Court deems to be just and equitable.

DEMAND FOR JURY TRIAL 

Pursuant to Fed. R. Civ. P. 38(b), Columbia Sportswear respectfully requests a trial by 

jury of all issues so triable.

Dated this 12th day of January, 2015.

Respectfully submitted,

SCHWABE, WILLIAMSON & WYATT, P.C.

By: s/ David W. Axelrod

David W. Axelrod, OSB #750231

Devon Zastrow Newman, OSB #014627

Telephone: 503.222.9981

Facsimile: 503.796.2900

Trial Attorney: David W. Axelrod

Of Attorneys for Plaintiff

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