PTAB Tosses Columbia Fabric IP Challenge Due To Time Bar

Law360 (February 21, 2019, 9:17 PM EST) -- The Patent Trial and Appeal Board has tossed a challenge to a Columbia Sportswear patent covering a heat-reflective textile after determining a relationship existed between a rival that was statutorily barred from filing the petition and the fabric company that filed the challenge.

The PTAB tossed the petition after reviewing agreements between petitioner Ventex Co. Ltd. and Columbia Sportswear North America Inc. rival Seirus Innovative Accessories Inc. and holding that Seirus was an undeclared real party in interest that had a so-called privy relationship with Ventex, according to the Jan. 24 decision, which was unsealed on Tuesday.

Legal relationships between parties amount to privity in...

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