Columbia Sportswear v. Team Ortho Foundation - Complaint

Case: 1:16-cv-01052 Document #: 1 Filed: 01/25/16 Page 1 of 24 PageID #:1
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION - CHICAGO
COLUMBIA SPORTSWEAR NORTH

AMERICA, INC., an Oregon corporation,
Case No.: 1:16-cv-01052
Plaintiff,
JURY TRIAL REQUESTED
v.
TEAM ORTHO FOUNDATION, INC., a
Minnesota non-profit organization,
Defendant.
COMPLAINT FOR PATENT INFRINGEMENT, COPYRIGHT INFRINGEMENT,
TRADE DRESS INFRINGEMENT, UNFAIR COMPETITION, FALSE DESIGNATION
OF ORIGIN, AND DECEPTIVE TRADE PRACTICES
Plaintiff, Columbia Sportswear North America, Inc. (Columbia Sportswear), brings this
Complaint against Defendant Team Ortho Foundation, Inc. (Team Ortho), and alleges as
follows:
1.
Plaintiff is a part of the Columbia Sportswear family of companies (the
Columbia Sportswear Group) that designs, manufactures, advertises, markets, promotes and
sells, directly and through authorized retailers, various kinds of clothing and accessories
(including outerwear, sportswear, footwear, headgear, camping equipment, skiwear and sleeping
bags) under the COLUMBIA brand throughout the world.
NATURE OF THE ACTION
2.
This is an action for patent infringement, copyright infringement, trade dress
infringement, unfair competition, false designation of origin, and violation of applicable state
statutory and common law. The action arises under the federal Patent Act, 35 U.S.C. 101 et
seq.; the federal Copyright Act, 17 U.S.C. 101 et seq.; the federal Lanham Act, 15 U.S.C.
1051 et seq.; and Illinois Uniform Deceptive Trade Practices Act, 815 ILCS 510/1 et seq.
3.
This lawsuit pertains in part to Team Orthos infringement of Columbia
PDX\106477\213683\DZN\17457279.3
Sportswears U.S. Patent No. D650,529 (the 529 Patent), a copy of which is attached as
Exhibit 1; U.S. Patent No. D670,435 (the 435 Patent), a copy of which is attached as
Exhibit 2; U.S. Patent No. 8,424,119 (the 119 Patent), a copy of which is attached as
Exhibit 3; and U.S. Patent No. 8,453,270 (the 270 Patent), a copy of which is attached as
Exhibit 4 (collectively, the Columbia Sportswear Patents). Collectively, these patents protect
Columbia Sportswears 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 a
lightweight lining in body gear such as jackets, shirts, gloves, socks and headwear sold under the
COLUMBIA brand.
4.
This lawsuit also pertains to Team Orthos infringement of certain copyright
rights belonging to Columbia Sportswear in its marketing materials and images (the Columbia
Sportswear Copyrights) that Columbia Sportswear uses to promote and market its Omni-Heat
products.
5.
This lawsuit also pertains to Team Orthos infringement of trade dress carefully
developed by the Columbia Sportswear Group. Since 2010, the Columbia Sportswear Group has
manufactured, used, advertised, marketed, promoted, offered for sale and sold in the United
States various products, including various items of apparel, with a silver colored dot pattern (the
Silver Dot Trade Dress). This distinctive silver-colored dot pattern, which has been used
consistently on products featuring Columbia Sportswears Omni-Heat technology, has come to
be associated exclusively with the COLUMBIA brand and its products and distinguishes its
products from those manufactured and sold by others. Through dedicated and consistent
presentation of the Silver Dot Trade Dressemphasized by the use of such look for
promotional language as Magic in a Little Silver Dot the Columbia Sportswear Group has
developed a reputation and acquired substantial goodwill in the Silver Dot Trade Dress. Hence,
this lawsuit pertains in part to Team Orthos infringement of the Silver Dot Trade Dress under
the Lanham Act and Illinois Uniform Deceptive Trade Practices Act.
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6.
Team Ortho is flagrantly using the Columbia Sportswear Patents, the Columbia
Sportswear Copyrights and the Silver Dot Trade Dress, without Columbia Sportswears
permission, on cold weather athletic pullovers that Team Ortho makes, has made, uses, offers for
sale, sells and/or imports into the United States, including in Chicago, Illinois.
7.
Columbia Sportswear seeks, among other relief, an injunction preventing Team
Ortho from further infringing the Columbia Sportswear Patents, the Columbia Sportswear
Copyrights and the Silver Dot Trade Dress, together with damages and/or disgorgement of Team
Orthos profits from its infringing activity and attorneys fees and costs.
THE PARTIES
8.
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 Sportswear Patents, the Columbia Sportswear Copyrights, and
the Silver Dot Trade Dress used in connection with Omni-Heat products sold under the
COLUMBIA brand.
9.
On information and belief, Team Ortho is a Minnesota non-profit organization
having a principal place of business located in Minneapolis, Minnesota.

JURISDICTION AND VENUE
10.
Columbia Sportswears causes of action for patent infringement, copyright
infringement, and Lanham Act violations against Team Ortho arise under the laws of the United
States, including 35 U.S.C. 101 et seq., 17 U.S.C. 101 et seq., and 15 U.S.C. 1051 et seq.
This Court has original jurisdiction over this subject matter pursuant to 28 U.S.C. 1331, 1332,
and 1338(a) and 15 U.S.C. 1121(a). The Court has supplemental jurisdiction over Columbia
Sportswears state law claims pursuant to 28 U.S.C. 1367.
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11.
This Court has personal jurisdiction over Team Ortho because it transacts and
solicits business in the State of Illinois, including with respect to the infringing products at issue
in this case, and because Team Ortho is committing and has committed acts of infringement in
this district by selling, offering to sell and using infringing products in this district, including in
Chicago, Illinois, and by inducing retailers to distribute its infringing products in this district. In
connection with its distribution and sale of products that infringe the Columbia Sportswear
Patents and the Silver Dot Trade Dress, Team Ortho has also reproduced, publicly displayed and
distributed promotional materials and images in this district which infringe the Columbia
Sportswear Copyrights. Further, Team Ortho maintains an Internet site available to consumers
within this district on which it advertises its products and hosts an interactive function whereby
users can order Team Ortho products for pick-up at a nearby location orfor an additional fee
to be mailed to them directly. Most recently, Team Ortho directed sales of the infringing
products through its Internet site to consumers within this district in connection with the Polar
Dash races held in Chicago on January 9, 2016, as described further below.
12.
Venue is proper in this judicial district under 28 U.S.C. 1391(b) & (c) and
1400(a) & (b) because Team Ortho regularly transacts and solicits business in this district,
including with respect to the infringing products at issue in this case, and because Team Ortho is
committing and has committed acts of infringement in this district by selling, offering to sell,
using and distributing products in this district that infringe upon the Columbia Sportswear
Patents and the Silver Dot Trade Dress, and by reproducing, displaying and distributing
promotional materials within this judicial district that infringe upon the Columbia Sportswear
Copyrights.
FACTUAL BACKGROUND
Columbia Sportswear and its Proprietary Technology
13.
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 outdoor equipment have earned a reputation for innovation, quality
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and performance, serving the needs of outdoor enthusiasts in more than 100 countries.
A.
The Columbia Sportswear Patents

14.
Columbia Sportswear has taken steps to protect its innovations and designs,
including those surrounding its well-known Omni-Heat technology. Relevant to this case,
Columbia Sportswear owns all right, title, and interest in the 529 Patent, entitled PATTERNED
HEAT REFLECTIVE MATERIAL, which covers the ornamental design for the heat reflective
material as shown and described in the figures incorporated into the 529 Patent. Figures 1 and 4
of the 529 Patent, which show a perspective view and elevational view of the heat reflective
material, are shown below:
Figure 3 of the 529 patent shows the heat reflective material as used in a jacket:
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15.
Columbia Sportswear also owns all right, title, and interest in the 435 Patent,
entitled HEAT REFLECTIVE MATERIAL WITH PATTERN, which covers the ornamental
design for the heat reflective material as shown and described in the figures incorporated into the
435 Patent. Figure 2 of the 435 Patent, which shows the heat reflective material as used in a
jacket, is shown below:
16.
entitled PATTERNED HEAT MANAGEMENT MATERIAL, which 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 1A of the 119 Patent depicts use of the heat management material in a jacket:
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17.
entitled PATTERNED HEAT MANAGEMENT MATERIAL, which, like 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 properties of the base material. Like
the 119 Patent, Figure 1A of the 270 Patent depicts use of the heat management material in a
jacket:
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B.
The Silver Dot Trade Dress

18.
The evenly-distributed, small silver dot pattern used on COLUMBIA-branded
Omni-Heat productsthe Silver Dot Trade Dressis arbitrary and inherently distinctive. The
overall design of the Silver Dot Trade Dress is non-functional, as demonstrated, for example, by
the number of alternative design configurations disclosed in the 119 and 270 Patents, each of
which could perform equally well the heat retention, breathing, and moisture-wicking functions
of the Omni-Heat technology. Several such embodiments are pictured in Figures 2A-B and 3AE of the 119 and 270 Patents, reproduced below.
19.
Supported by its portfolio of design and utility patents, since at least as early as
2010, the Columbia Sportswear Group has been the exclusive source of Omni-Heat products
featuring the Silver Dot Trade Dress, and currently offers hundreds of distinct products featuring
the Silver Dot Trade Dress, including shirts, jackets, headwear, gloves, socks, sleeping bags, and
a variety of other products.
20.
As a result of its longstanding, continuous and exclusive use, the Columbia
Sportswear Group has built up valuable recognition and goodwill in its distinctive Silver Dot
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Trade Dress. The Columbia Sportswear Group has expended, and continues to expend,
substantial time, effort, money, and other resources to develop and maintain the valuable
goodwill that has come to be associated with Omni-Heat products incorporating the unique and
recognizable Silver Dot Trade Dress.
21.
The Columbia Sportswear Group has continuously and extensively advertised,
marketed and promoted its Omni-Heat products in the United States and around the world,
investing substantial sums in such activities, including advertising directed to the distinctive,
non-functional aspects of the appearance of Omni-Heat products, such as its widely-used
marketing slogan, Magic in a Little Silver Dot.
22.
As a result of the Columbia Sportswear Groups efforts, the Silver Dot Trade
Dress has acquired secondary meaning and distinctiveness among outdoor and athletic
enthusiasts and members of the industry, and it continues to have secondary meaning and
distinctiveness. Omni-Heat products displaying the Silver Dot Trade Dress are now widely
known and recognized by their unique, ornamental and distinctive appearance, which identifies
to sportswear consumers and industry members that their source of origin is the Columbia
Sportswear Group and its COLUMBIA brand.
23.
Based on the foregoing, the Silver Dot Trade Dress has become and now is a
designation of origin of Columbia Sportswear.

C.
The Columbia Sportswear Copyrights

24.
Columbia Sportswear has taken steps to protect its original works of authorship,
including the technical graphics, text, images and associated online works it uses to market and
promote its well-known Omni-Heat technology, including but not limited to the works displayed
in paragraphs 29 and 30, infra, of this Complaint. Those works are the subject of copyright
applications filed with the U.S. Copyright Office.
Team Ortho and its Infringing Activities
25.
Team Ortho produces foot racing events in this district, including the Chicago
Polar Dash in January, the Chicago Get Lucky run in March, the Chicago Tiki Run in June,
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the Chicago Women ROCK run in September and the Chicago Monster Dash on Halloween.
Team Ortho produces similar running events in Minneapolis and Dallas/Fort Worth.
26.
On information and belief, at its most recent running event in this district, the
Chicago Polar Dash, and at other running events it produces, Team Ortho sells, offers to sell,
uses and induces others to use athletic pullovers under its own brand that incorporate a lining
with reflective material as shown below:
27.
In the everted and close-up images below, the pullovers heat-reflective lining is
clearly visible:
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28.
The pullovers heat-reflective lining as pictured in paragraph 27, supra, infringes
the Columbia Sportswear Patents and the Silver Dot Trade Dress.
29.
Removing any doubt that Team Orthos infringement of the Columbia Sportswear
Patents and the Silver Dot Trade Dress was and is willful, the advertising hang tags attached to
the Team Ortho pullover distributed at the Chicago Polar Dash includes an identical technical
graphic and verbatim copy of the marketing materials used by Columbia Sportswear to promote
its genuine Omni-Heat products, and even goes so far as to include Columbia Sportswears
Omni-Heat slogan, Magic in a Little Silver Dot. Specifically, the hang tag attached to the
infringing products reads:
(1)
This breathable warming technology helps regulate your temperature with little
silver dots that reflect and retain the warmth your body generates.
(2)
Features
Reflects body heat
Highly breathable
Reduces your need for bulky layers
Wicks moisture to keep you dry and comfortable
The hang tag also clearly displays Columbia Sportswears own graphic used to illustrate the
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technical features of Columbia Sportswears Omni-Heat technology, as shown below:
30.
By way of comparison, reproduced below is an image from Columbia
Sportswears website containing the slogan, Magic in a Little Silver Dot, also juxtaposed with
a picture of the Silver Dot Trade Dress. This image is viewable at
http://www.columbia.com/technology-omniheatreflective/.
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31.
Reproduced below is another image from Columbia Sportswears website which
contains the exact language word for word that Team Ortho copied and included on the hang
tag attached to its infringing products. This image from Columbia Sportswears website is
viewable at https://www.columbia.com/technology-landing.html and can be accessed by clicking
the bar labeled Omni-Heat Reflective.
32.
On information and belief, Team Ortho imports, sells, offers to sell, uses, and
induces others to use its infringing pullovers and other running gear to participants in foot race
events that Team Ortho produces in Chicago and other cities around the country.
33.
Team Ortho promotes these events months in advance, inducing runners to pay
registration fees of anywhere from $24.99 to $119.99.

34.
According to Team Orthos website, over 265,000 people have participated in its
races over the last five years.

35.
On information and belief, in exchange for their registration fees, in addition to
being permitted to run the race, participants in Team Ortho events receive a packet of running
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gear that include the infringing pullovers, as well as hats, jackets, sweatshirts, and/or other
sportswear.
36.
Team Ortho actively markets its sportswear on its website with images and other
promotional material. For example, the following language is viewable at

http://www.teamortho.us/about-us.html:
37.
On information and belief, Team Ortho invites participants to pick up their
packets at a local retailer, or, for an additional fee of $29.99, Team Ortho will mail the running
gear directly to the registrant.
38.
For example, in the case of the Polar Dash races held in Chicago on January 9,
2016, participants retrieved their packets from the Sports Authority store located at 3134 North
Clark Street in Chicago.
39.
Columbia Sportswear obtained the infringing pullover pictured herein from a
participant in the January 9, 2016 Polar Dash event in Chicago, and has confirmed through
analysis and testing that the pullovers reflective lining infringes the 119 and 270 Patents.
COUNT I
INFRINGEMENT OF UNITED STATES
PATENT D650,529
40.
Columbia Sportswear restates and realleges each of the allegations, photographs
and figures of paragraphs 1-39 as if fully set forth herein.

41.
Team Ortho has infringed the 529 Patent within this judicial district by
manufacturing or importing into, using, inducing others to use, selling and/or offering for sale
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sportswear products, including but not limited to the pullover depicted herein, that embody the
patented design disclosed in the 529 Patent, in violation of 35 U.S.C. 271 and 289.
42.
Team Ortho 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 529 Patent and its conduct is, in every instance, without Columbia Sportswears
consent.
43.
The design of Team Orthos infringing sportswear so closely resembles the design
disclosed in the 529 Patent that an ordinary observer will perceive the overall appearance of the
designs to be substantially the same.
44.
On information and belief, Team Ortho intended to copy the design covered by
the 529 Patent.

45.
Team Ortho will continue to manufacture, import, sell, use and induce others to
use its infringing sportswear unless enjoined by this Court.

46.
Due to Team Orthos infringement of the 529 Patent, Columbia Sportswear is
entitled to recover from Team Ortho 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 alternative remedy for
Team Orthos infringement of the 529 Patent, Columbia Sportswear is entitled to recover Team
Orthos total profits from the sale of its infringing sportswear, but not less than $250, under
35 U.S.C. 289.
47.
Due to Team Orthos infringement of the 529 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 Team Orthos further infringing conduct.
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COUNT II
PATENT D670,435
48.
and figures of paragraphs 1-39 and 41-47 as if fully set forth herein.
49.
Team Ortho has infringed the 435 Patent within this judicial district by
manufacturing or importing into, using, inducing others to use, selling and/or offering for sale
sportswear products, including but not limited to the pullover depicted herein, that embody the
patented design disclosed in the 435 Patent, in violation of 35 U.S.C. 271 and 289.
50.
make, use, import, sell, or offer to sell any product with heat reflective material whose design is
covered by the 435 Patent and its conduct is, in every instance, without Columbia Sportswears
consent.
51.
The design of Team Orthos infringing sportswear so closely resembles the design
disclosed in the 435 Patent that an ordinary observer will perceive the overall appearance of the
design to be substantially the same.
52.
On information and belief, Team Ortho intended to copy the design covered by
the 435 Patent.

53.
use its infringing sportswear unless enjoined by this Court.

54.
entitled to recover from Team Ortho 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 alternative remedy for
Team Orthos infringement of the 435 Patent, Columbia Sportswear is entitled to recover Team
Orthos total profits from the sale of its infringing sportswear, but not less than $250, under
35 U.S.C. 289.
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55.
COUNT III
PATENT 8,424,119
56.

57.
Team Ortho has been, and presently is, infringing the 119 Patent, literally or
under the doctrine of equivalents, within this judicial district by manufacturing, importing, using,
inducing others to use, selling and/or offering for sale sportswear products, including but not
limited to the pullover depicted herein, that includes heat management material that embodies the
patented invention disclosed in the 119 Patent, in violation of 35 U.S.C. 271.
58.
manufacture, import, use, induce others to use, sell and/or offer for sale any product with heat
management material covered by the 119 Patent and its conduct is, in every instance, without
Columbia Sportswears consent.
59.
use its infringing products unless enjoined by this Court.

60.
entitled to recover from Team Ortho the damages it has sustained as a result of Team Orthos
wrongful acts 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.
61.
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COUNT IV
PATENT 8,453,270
62.

63.
Team Ortho has been, and presently is, infringing the 270 Patent, literally or
under the doctrine of equivalents, within this judicial district by manufacturing, importing, using,
inducing others to use, selling and/or offering for sale sportswear products, including but not
limited to the pullover depicted herein, that includes heat management material that embodies the
patented invention disclosed in the 270 Patent, in violation of 35 U.S.C. 271.
64.
manufacture, import, use, induce others to use, sell and/or offer for sale any product with heat
management material covered by the 270 Patent and its conduct is, in every instance, without
Columbia Sportswears consent.
65.
use its infringing products unless enjoined by this Court.

66.
entitled to recover from Team Ortho the damages it has sustained as a result of Team Orthos
wrongful acts 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.
67.
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COUNT V
COPYRIGHT INFRINGEMENT,
PURSUANT TO 17 U.S.C. 106 and 501
68.

69.
Team Ortho has infringed the Columbia Sportswear Copyrights within this
judicial district by reproducing, distributing, and publicly displaying marketing and promotional
material comprised of or incorporating works in which Columbia Sportswear owns certain
copyright rights, without the permission of Columbia Sportswear, in violation of 17 U.S.C.
106 and 501.
70.
On information and belief, Team Orthos acts of copyright infringement are
willful, intentional and purposeful, in disregard of and with indifference to Columbia

Sportswears rights.
71.
As a direct and proximate result of Team Orthos infringement of the Columbia
Sportswear Copyrights, Columbia Sportswear is entitled to damages in an amount to be proven

at trial.
72.
Columbia Sportswear is also entitled to Team Orthos profits attributable to the
infringement, pursuant to 17 U.S.C. 504(b), including an accounting of and a constructive trust

with respect to such profits.
73.
Team Ortho will continue to reproduce, distribute, and publicly display marketing
and promotional material comprised of or incorporating works in which Columbia Sportswear

owns certain copyright rights unless enjoined by this Court.
74.
Due to Team Orthos infringement of the Columbia Sportswear Copyrights,
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 Team Orthos further infringing conduct.
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COUNT VI
TRADE DRESS INFRINGEMENT, UNFAIR COMPETITION AND FALSE
DESIGNATION OF ORIGIN,
PURSUANT TO THE LANHAM ACT, 15 U.S.C. 1125(a)
75.

76.
Team Orthos use of a silver dot lining on and in connection with its products,
including but not limited to the pullover depicted herein, is likely to cause confusion, or to cause
mistake, or to deceive as to the affiliation, connection, or association of Team Ortho or its
products with the Columbia Sportswear Group or products sold under the COLUMBIA brand,
or as to the origin, sponsorship, or approval of Team Orthos products by the Columbia
Sportswear Group, in violation of 15 U.S.C. 1125(a).
77.
To any ordinary observer, and to sportswear consumers and members of the
industry, the look of the Team Ortho sportswear is confusingly similar to Columbia
Sportswears Silver Dot Trade Dress and, in particular, the ornamental, distinctive appearance of
the Omni-Heat heat reflective material, including its evenly-distributed, small silver dot pattern,
which is unique in appearance, eye-catching and readily recognized among customers and
members of the industry.
78.
Team Orthos past, present and future use, distribution, sale and/or offer for sale
of sportswear using material confusingly similar to the Silver Dot Trade Dress, including but not
limited to the infringing pullover depicted herein, constitutes trade dress infringement, unfair
competition and false designation of origin under 15 U.S.C. 1125(a).
79.
On information and belief, Team Ortho has been aware of Columbia Sportswears
Omni-Heat products and the Silver Dot Trade Dress based on its exact copying of the Columbia
Sportswear Groups Omni-Heat promotional materials, including the exact copying of technical
graphic and verbatim recital of language describing the features of Columbia Sportswears
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Omni-Heat products and the distinctive Omni-Heat look, i.e., little silver dots. As such, Team
Orthos infringing activities have been and continue to be willful and deliberate.
80.
Due to Team Orthos willful trade dress infringement, unfair competition and
false designation of origin, Columbia Sportswear is entitled to recover damages from Team
Ortho in an amount to be determined at trial, including Team Orthos profits and three times the
amount of actual damages sustained by Columbia Sportswear, together with costs and reasonable
attorneys fees.
81.
Furthermore, by these acts, Team Ortho has irreparably injured Columbia
Sportswear and caused Columbia Sportswear to suffer a loss of goodwill and reputation, and
such injury will continue unless Team Orthos activities are enjoined by this Court.
82.
By reason of the above actions, Columbia Sportswear is entitled to a range of
relief under the Lanham Act, 15 U.S.C. 1116-1118.

COUNT VII
VIOLATION OF THE UNIFORM DECEPTIVE TRADE PRACTICES ACT,
PURSUANT TO 815 ILCS 510/1 et seq.
83.

84.
Team Ortho has made, used, exported, imported, marketed, sold and/or offered
for sale sportswear products, including but not limited to the pullover depicted herein, using the
Silver Dot Trade Dress without permission, authority or license from Columbia Sportswear, in a
manner that causes likelihood of confusion or of misunderstanding as to the source, sponsorship,
approval, affiliation, connection, or association and/or certification of such products as set forth
in 85 ILCS 510/2.
85.
Such actions on the part of Team Ortho, particularly in conjunction with its
infringement of the Columbia Sportswear Copyrights, are likely to cause confusion or mistake,
or to deceive the sportswear-purchasing public as to the affiliation, connection, or association of
Team Ortho or its products with Columbia Sportswear or its products, or as to the origin,
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sponsorship, or approval of Team Orthos products by Columbia Sportswear, as set forth in 815
ILCS 510/2
86.
Team Orthos deceptive trade practices as set forth above constitute violations of
the Uniform Deceptive Trade Practices Act, 815 ILCS 510/1 et seq., and have caused and, unless
restrained by the Court, will continue to cause irreparable harm to Columbia Sportswear.
87.
On information and belief, Team Orthos deceptive trade practices as set forth
above are willful, intentional and purposeful, in disregard of and with indifference to Columbia
Sportswears rights. Accordingly, Columbia Sportswear is entitled to recover damages from
Team Ortho in an amount to be determined at trial, together with costs and reasonable attorneys
fees.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff Columbia Sportswear respectfully requests that the Court enter
judgment in its favor against Defendant Team Ortho, granting the following relief:
A.
A judgment and declaration that Team Ortho has infringed the Columbia
Sportswear Patents literally and/or under the doctrine of equivalents;

B.
A judgment and declaration that Team Ortho has infringed the Columbia
Sportswear Copyrights;
C.
A judgment and declaration that Team Ortho has infringed the Silver Dot Trade
Dress and has engaged in unfair competition and false designations of origin;
D.
A judgment and declaration that Team Ortho has violated the Uniform
Deceptive Trade Practices Act, 815 ILCS 510/1 et seq.

E.
A permanent injunction, pursuant to 35 U.S.C. 283, enjoining Team Ortho and
its agents, servants, officers, directors, employees, affiliated entities and all persons acting in
concert or privity with them, from infringing each of the Columbia Sportswear Patents;
F.
A permanent injunction, pursuant to 17 U.S.C. 502, enjoining Team Ortho and
its agents, servants, officers, directors, employees, affiliated entities and all persons acting in
concert or privity with them, from infringing each of the Columbia Sportswear Copyrights;
- 22 PDX\106477\213683\DZN\17457279.3
G.
A permanent injunction, pursuant to 15 U.S.C. 1116(a), enjoining Team Ortho
and its agents, servants, officers, directors, employees, affiliated entities and all persons acting in
concert or privity with them, from infringing the Silver Dot Trade Dress, and from engaging in
unfair competition and false designations of origin;
H.
A judgment and order requiring Team Ortho to pay Columbia Sportswear all
damages caused by Team Orthos infringement of each of the Columbia Sportswear Patents (but
in no event less than a reasonable royalty) pursuant to 35 U.S.C. 284; or, with respect to the
529 Patent and the 435 Patent, the total profits made by Team Ortho from its infringement of
such patents pursuant to 35 U.S.C. 289;
I.
damages suffered by Columbia Sportswear and any additional profits of Team Ortho resulting
from Team Orthos infringement of each of the Columbia Sportswear Copyrights pursuant to
17 U.S.C. 504(b), or statutory damages as provided in 17 U.S.C. 504(c);
J.
damages suffered by Columbia Sportswear as a result of Team Orthos infringement of the Silver
Dot Trade Dress, unfair competition and false designations of origin pursuant to 15 U.S.C.
1117(a);
K.
A judgment and order requiring Team Ortho to pay Columbia Sportswear any
profits of Team Ortho attributable to its infringement of the Silver Dot Trade Dress, unfair
competition and false designations of origin pursuant to 15 U.S.C. 1117(a);
L.
A judgment and order requiring Team Ortho to pay Columbia Sportswear
supplemental damages or profits for any continuing post-verdict infringement up until the entry
of a final judgment, with an accounting, if needed;
M.
A judgment and order requiring Team Ortho to pay Columbia Sportswear
increased damages up to three times the amount found or assessed pursuant to 35 U.S.C. 284;
N.
A judgment and order requiring Team Ortho to pay Columbia Sportswear pre-
judgment and post-judgment interest on any damages or profits awarded;

- 23 PDX\106477\213683\DZN\17457279.3
O.
A determination that this action is an exceptional case pursuant to 35 U.S.C.
P.
A determination that this action is an exceptional case pursuant to 15 U.S.C.
285;
1117(a);
Q.
An award of Columbia Sportswears attorneys fees, costs and expenses
incurred in bringing and prosecuting this action, pursuant to 35 U.S.C. 285, 17 U.S.C. 505,
and 15 U.S.C. 1117(a);
R.
An award of Columbia Sportswears attorneys fees, costs and expenses
incurred in bringing and prosecuting this action, pursuant to 815 ILCS 510/3;
S.
A judgment and order impounding all infringing articles pursuant to 17 U.S.C.
T.
An order that Team Ortho deliver for destruction all articles infringing the
503;
Silver Dot Trade Dress and all means of making the same, pursuant to 15 U.S.C. 1118; and
U.
Such other and additional relief as this Court deems just and proper.
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 25th day of January, 2016.
Respectfully submitted,
SEYFARTH SHAW LLP
By: s/Matthew A. Werber
Matthew A. Werber (Bar No. IL 6287658)
131 South Dearborn Street, Suite 2400
Chicago, IL 60603-5577
Telephone: 312.460.5000
Facsimile: 312.460.7000
Email: mwerber@seyfarth.com
Attorneys for Plaintiff, Columbia Sportswear
North America, Inc.
- 24 PDX\106477\213683\DZN\17457279.3
Case: 1:16-cv-01052 Document #: 1-1 Filed: 01/25/16 Page 1 of 6 PageID #:25
EXHIBIT 1

111111
1111111111111111111111111111111111111111111111111111111111111
USOOD650529S
c12)
United States Design Patent
(10)
Blackford
(45)
(54)
PATTERNED HEAT REFLECTIVE

MATERIAL
(75)
Inventor:
(73)
Assignee: Columbia Sportswear North America,

Inc., Portland, OR (US)
D483,187
6,687,913
6,743,498
6,811,852
Woody Blackford, Portland, OR (US)
Term:
(21)
Appl. No.: 29/336,730
14 Years
Filed:
LOC (9) Cl. .................................................. 29-03

U.S. Cl. ................................................... D29/101.1
Field of Classification Search ................. D29/100,
D29/101.1, 101.2, 101.3, 101.4; D5/57,
D5/60, 61, 99, 53; 2/81, 82, 458, 400; 428/131,
428/69; D24/189; 427/149; D6/574-595;
4/657; D23/309; D30/161; 52/177
See application file for complete search history.
May 7, 2009
References Cited
U.S. PATENT DOCUMENTS

A
A
A
A
A
A
s *
A
S
B1
B1
B1
S
s *
S *
s *
s *
B2 *
S *
s *
5/1971
12/1983
6/1985
2/1986
8/1988
8/1989
5/1995
5/1995
111999
9/1999
9/1999
7/2000
1112001
112002
8/2002
4/2003
7/2003
7/2003
8/2003
8/2003
S
12/2003 Cheng
B2 * 2/2004 Aldridge ............................. 2/81
B2 * 6/2004 Fourmeux ..................... 428/131
B2 * 1112004 Alderman ....................... 428/69
FOREIGN PATENT DOCUMENTS

9409799
4/1995
OTHER PUBLICATIONS
(51)
(52)
(58)
3,577,305
4,420,521
4,525,406
4,569,874
4,765,323
4,856,294
D358,734
5,415,222
D404,236
D413,731
D414,252
D428,293
6,319,599
6,341,384
6,427,242
D472,419
D477,743
6,591,560
D478,494
D478,761
** *Dec. 13, 2011
(Continued)
(22)
(56)
US D650,529 S
(Continued)
DE
(**)
Patent No.:
Date of Patent:
Hines eta!.
Carr
Pollock
Kuznetz
Poettgen
Scaringe et a!.
Paskwi etz et a!. ............. D6/582
Colvin
Bergwall et a!. ............... D6/582
Hannington ..................... D5/61
Orr .............................. D23/309
Williams ....................... D6/583
Buckley
Hayes
Bush eta!.
Robbins, III ................... D6/582
dePauw ........................ D6/582
Burke et al. .................... 52/177
Arnold ........................... D8/107
Robbins, III ................... D6/582
Castelli Insolito Radiation Jacket-3 Season Cycling Jacket; www.

feedthehabit.com/road-biking/castelli-insolito-radiation-jacket-3season-cycling-jacket/; Sep. 19, 2008.
(Continued)
Primary Examiner- Susan Bennett Hattan
Assistant Examiner- Barbara B Lohr
(74) Attorney, Agent, or Firm- Schwabe, Williamson &
Wyatt, P.C.
CLAIM
(57)
I claim the ornamental design of a patterned heat reflective
material, as shown and described.
DESCRIPTION
FIG. 1 is a perspective view of a patterned heat reflective

material, showing my new design;
FIG. 2 is an enlarged sectional view taken in the direction of
line 2-2 on FIG. 4;
FIG. 3 is a front view of a jacket having the patterned heat
reflective material as shown in FIG. 1; and,
FIG. 4 is a front view of a swatch of a patterned heat reflective
material as shown in FIG. 1.
The dashed lines in FIG. 3 are included for illustrating environmental structure and the dashed lines in FIG. 4 depict the
boundaries of the claimed design, all dashed lines forming no
part of the claimed design.
1 Claim, 3 Drawing Sheets
Exhibit 1
Page 1 of 5

US D650,529 S
Page 2
6,855,410
D508,180
6,934,985
6,978,481
D518,248
7,013,496
D548,400
D583,569
7,465,484
D590,949
D596,860
7,581,260
7,854,017
D630,442
D631,670
2004/0128747
B2
S *
B2
B2 *
S *
B2 *
S *
S *
B2 *
S *
S *
B2 *
B2 *
S *
S *
A1
2/2005
8/2005
8/2005
12/2005
3/2006
3/2006
8/2007
12/2008
12/2008
4/2009
7/2009
9/2009
12/2010
112011
212011
7/2004
Buckley
Sneed
D6/582
Sanders
Mordecai et a!. ................... 2/81
Northrop
D30/161
Dunn ................................ 2/458
Boord .
D29/101.1
Claudat .
D5/53
Handwerker ................... 428/72
Broyles .
D24/189
Doughty .
D5/57
Underwood eta!. ............... 2/82
Laton .................................. 2/81
Sichel
D5/60
Jackson
D5/99
Bumbarger et a!.

GB
GB
2294426
2414960
5/1996
12/2005
JP
JP
JP
KR
wo
wo
wo
63-125525
63-139147
2004338169
30560581
DM/064488
DM/064044
DM/067876
8/1988
9/1988
12/2004
5/2010
5/2003
7/2003
5/2006
OTHER PUBLICATIONS
Castelli Radiation Jacket; www.cyclingweekly.co.uk/archive/tech/
322662/castelli-radiation-jacket-300.html; Mar. 10, 2009 .
Quelle Catalog: RU, Jacket Advertisement, 2005 .
Sunmore, Poe Yoga Mat, Sporting Goods Buyers' Guide, Spring
2008.
YPCYC Catalog, Kompendium: Sportmode, kettenwirk-praxis,
Obertshausen, 2006.
* cited by examiner
Exhibit 1
Page 2 of 5
U.S. Patent
Dec. 13, 2011
Sheet 1 of 3
US D650,529 S
FIG. 1
Vllzzzzzzzzi2zzz2/zzzzzzzzzl>zz!llzzzj
FIG. 2
Exhibit 1
Page 3 of 5
U.S. Patent
Dec. 13, 2011
""'
...,
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,,
US D650,529 S
Sheet 2 of 3
"i r - ..,. __
---
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FIG. 3
Exhibit 1
Page 4 of 5
U.S. Patent
Dec. 13, 2011
US D650,529 S
Sheet 3 of 3
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0000000000000000000000000000
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0000000000000000000000000000
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00000000000000000000000000000
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FIG. 4
Exhibit 1
Page 5 of 5
EXHIBIT 2

111111
1111111111111111111111111111111111111111111111111111111111111
USOOD670435S
c12)
United States Design Patent
(10)
Blackford
(45)
(54)
HEAT REFLECTIVE MATERIAL WITH

PATTERN
(75)
Inventor:
(73)

(**)
Term:
(21)
Appl. No.: 29/360,364
(22)
Filed:
Michael E. "Woody" Blackford,

Portland, OR (US)
14 Years
Apr. 23, 2010

Related U.S. Application Data
(63)
Continuation-in-part of application No. 29/336,730,

filed on May 7, 2009, now Pat. No. Des. 650,529.
(51)
(52)
(58)
LOC (9) Cl. .................................................. 29-02

U.S. Cl. ................................................... D29/101.1
Field of Classification Search ................. D29/100,
D29/101.1, 101.2, 101.3, 101.4, 101.5, 124,
D29/125, 126, 129, 130; D5/57, 60, 61,
D5/99; 2/81, 82, 458; 428/131
(56)
References Cited

D92,994
D107,621
D118,109
D119,351
D129,870
D130,877
2,471,008
D154,151
D158,550
D169,305
3,418,668
3,577,305
3,663,182
3,800,364
3,849,802
3,917,785
3,924,929
3,934,065
S
S
S
S
S
S
A
S
S
S
A
A
A
A
A
A
A
A
""
I "'
I
I
511934
1211937
1211939
511940
1011941
1211941
411946
611949
511950
411953
1211968
511971
511972
411974
1111974
111197 5
1211975
111976
...
Aaronson
Stiglitz
Callahan
Katz
Maisch
Tips
Pretty
Ryan
Breneman
DeGrazia ................. D291101.4
Anderson
Hines eta!.
Hamling
Kalwaites
Govaars
Kalwaites
Holmen eta!.
Tung
------
Patent No.:
Date of Patent:
4,032,681
4,211,261
4,395,455
4,420,521
4,435,442
4,463,464
4,483,021
4,525,406
4,569,088
4,569,874
4,622,253
4,637,947
4,712,609
4,765,323
4,798,754
4,856,294
5,098,795
5,366,785
D358,734
5,415,222
5,520,778
D404,236
D413,731
D414,252
D414,642
D428,293
6,191,056
6,242,369
6,319,599
6,321,386
6,341,384
6,427,242
6,511,929
D472,419
D477,743
6,589,631
6,591,560
D478,494
D478,761
6,687,913
6,743,498
D497,072
6,811,852
6,824,819
6,855,410
6,858,068
6,874,336
D508,180
6,934,985
6,978,481
D518,248
7,013,496
7,226,879
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
S
S
S
S
S
B1
B1
B1
B1
B1
B1
B1
S
S
B1
B2
S
S
B2 *
B2 *
S
B2
B2
B2
B2
B2
S
B2
B2 *
S
B2 *
B2
611977
711980
711983
1211983
311984
811984
1111984
611985
211986
211986
1111986
111987
1211987
811988
111989
811989
311992
1111994
511995
511995
511996
111999
911999
911999
1011999
712000
212001
612001
1112001
1112001
112002
812002
112003
412003
712003
712003
712003
812003
812003
212004
612004
1012004
1112004
1112004
212005
212005
412005
812005
812005
1212005
312006
312006
612007
US D670,435 S
** Nov. 6, 2012
Jonnes
Mehta et al.
Frankosky
Carr
Hefele
Bost et al.
McCall
Pollock
Frankenburg eta!.
Kuznetz
Levy
Maekawa eta!.
Iversen
Poettgen
Tomek
Scaringe eta!.
Webb eta!.
Sawdai
Paskwietz eta!.
Colvin
Sawdai
Bergwall et al.
Hannington
Orr
Williams
Williams
Vogt et a!.
Vogt et a!.
Buckley
Monica
Hayes
Bush et a!.
Vogt et a!.
Robbins, III
dePauw
Suzuki et a!.
Burke, III eta!.
Arnold
Robbins, III
Aldridge ............................. 2181
Fourmeux ..................... 4281131
Suero, Jr.
Alderman
Vogt et a!.
Buckley
Smith eta!.
Yarborough eta!.
Sneed
Sanders
Mordecai eta!. ................... 2181
Northrop
Dunn ................................ 21458
Tilton et a!.
____ ...............
'
!
\
\
....
... ...... _
----~
\------,1
,pi
~=========~'
Exhibit 2
Page 1 of 18

US D670,435 S
Page 2
D548,400
D551,407
7,399,919
D583,569
D583,999
7,465,484
D590,949
D596,860
D598,166
7,581,260
D613,948
D628,005
7,854,017
D630,442
D631,262
D631,670
D637,008
D638,224
2003/0027476
2004/0128747
2004/0261465
2005/0077618
2005/0209663
2005/0251900
2005/0252036
2007/0037034
2007/0129767
2007/0267583
2007/0267595
2007/0277806
2008/0099188
2008/0251062
2008/0257333
2008/0282455
2008/0283038
2009/0000610
2009/0209155
2009/0258180
2010/0020056
2010/0071119
2010/0107657
2010/0138983
2010/0282433
2010/0326710
201110036282
201110107771
201110135899
201110138523
201110160691
201110203783
201110214221
S
S
B2
S
S *
B2
S
S
S *
B2 *
S
S
B2 *
S
S
S *
S
S
A1
A1
A1
A1
A1
A1
A1
A1
A1
A1
A1
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A1
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A1
A1
A1
A1
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A1
A1
A1
A1
A1
A1
A1
A1
A1
A1
A1
A1
8/2007
9/2007
7/2008
12/2008
12/2008
12/2008
4/2009
7/2009
8/2009
9/2009
4/2010
1112010
12/2010
112011
112011
212011
5/2011
5/2011
2/2003
7/2004
12/2004
4/2005
9/2005
1112005
1112005
2/2007
6/2007
1112007
1112007
12/2007
5/2008
10/2008
10/2008
1112008
1112008
112009
8/2009
10/2009
112010
3/2010
5/2010
6/2010
1112010
12/2010
212011
5/2011
6/2011
6/2011
6/2011
8/2011
9/2011
Boord
Caruso eta!.
McCutcheon et al.
Claudat
Middlebrooks .
D29/101.4
Handwerker
Broyles
Doughty
Kemper
D29/101.4
Underwood eta!. ............... 2/82
Spritzer
Chapman et a!.
Laton .................................. 2/81
Sichel
Evans
D5/99
Jackson
Frost
Ko eta!.
Vogt eta!.
Bumbarger et a!.
Yarborough eta!.
McCutcheon et al.
Hamilton et a!.
Harlacker
Laska
Fisher eta!.
Wahl strand
Dodo
Dodo
Dodo
Touzov
Dodo
Dodo et al.
Jones et al.
Dodo
Dodo
Goulet
Goulet
LeRoy eta!.
Thatcher
Vistakula
Kim
Blackford
Zhang
Cote
Crist eta!.
Meltzer eta!.
Layson, Jr. et a!.
Ng eta!.
Blackford et a!.
Munda

DE
GB
GB
JP
JP
JP
JP
KR
wo
wo
wo
wo
9409799
2294426
2414960
63-125525
63-139147
204402/2004
2004338169
30560581
DM/064488
DM/064044
2006030254
DM/067876
4/1995
5/1996
12/2005
8/1988
9/1988
7/2004
12/2004
5/2010
5/2003
7/2003
3/2006
5/2006
OTHER PUBLICATIONS
QueUe Catalog: RU, Jacket Advertisement, 2005.
2008.
Obertshausen, 2006.
feedthehabit.corn/road-biking/castelli-insolito-radiation-jacket-3season-cycling-jacket/; Sep. 19, 2008.
Castelli Radiation Jacket; www.cyclingweekly.co.uk/archive/tech/
322662/castelli-radiation-jacket-300.html; Mar. 10, 2009.
* cited by examiner
Primary Examiner- Susan Bennet Hattan

Assistant Examiner- Barbara B Lohr
(74) Attorney, Agent, or Firm- Schwabe, Williamson &
Wyatt, P.C.
(57)
CLAIM
The ornamental design for a heat reflective material with
pattern, as shown and described.
DESCRIPTION
FIG. 1 is a top view of the heat reflective material with pattern

shown in use as on a jacket;
FIG. 2 is a front view of the claimed design of FIG. 1;
FIG. 3 is a bottom view of the claimed design of FIG. 1;
FIG. 4 is a back view of the claimed design of FIG. 1;
FIG. 5 is a right side view of the claimed design of FIG. 1;
FIG. 6 is a left side view of the claimed design of FIG. 1;
FIG. 7 is a right side view of the heat reflective material with
pattern shown in use as on a boot;
FIG. 8 is a front view of the claimed design as shown in FIG.
7;
FIG. 9 is a back view of the claimed design as shown in FIG.
7;
FIG. 10 is a right side view of the claimed design as shown in
FIG. 7;
FIG. 11 is a top view of the claimed design as shown in FIG.
7;
FIG. 12 is a bottom view of the claimed design as shown in
FIG. 7;
FIG. 13 is a right side view of the heat reflective material with
pattern shown in use as on a glove;
FIG. 14 is a left side view of the claimed design as shown in
FIG.13;
FIG.13;
13;

13;

13;
FIG. 19 is a front view of the heat reflective material with

pattern shown in use as on a hat;
FIG. 19;
FIG. 19;
FIG. 19;
19;
19;
pattern shown in use as on pants;
25;
FIG. 25;
25;
FIG. 25;
Exhibit 2
Page 2 of 18

US D670,435 S
Page 3
FIG. 25;
FIG. 31 is a left side view of the heat reflective material with
pattern shown in use as on a sock;
31;
31;
FIG. 31;
31;
FIG. 31;
pattern shown in use as on a sleeping bag.
37;

FIG. 37;
FIG. 37;
FIG. 37;
FIG. 43 is a left side view of the heat reflective material with
pattern shown in use as on a boot;
43;

FIG. 43;
FIG. 43;
43; and,
43.
The dashed lines are included for illustrating environmental

structure and form no part of the claimed design.

37;
1 Claim, 15 Drawing Sheets
Exhibit 2
Page 3 of 18
U.S. Patent
Nov. 6, 2012
US D670,435 S
Sheet 1 of 15
FIG. 1
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Exhibit 2
Page 4 of 18
U.S. Patent
Nov. 6, 2012
US D670,435 S
Sheet 2 of 15
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EXHIBIT 3
111111
c12)
United States Patent
(10)
Blackford
(45)
(54)
PATTER NED BEAT MANAGEMENT

MATERIAL
(71)
Applicant: Columbi a Sportswear North America,

lnc., Portland, OR (US)
(72)
Inventor:
(73)
M ich ael E. "'Woody" Blackford ,

Portland, OR (US)
Assignee: Columbi a Sportswear North America,

lnc., Portland, OR (US)
( *) Notice:
Subject to any disclaimer, the term of this

patent is extended or adjusted under 35
U.S.C. 154(b) by 0 days.
(21)
Appl. No.: 13/657,798
(22)
Filed:
Provisional application No. 61 / 176,448, filed on May

7, 2009.
(51 )
lnt. C J.
A41D 27102
(2006.01)
A62B 17100
(2006.01)
A41D 13101
(2006.01)
A41D 31/02
(2006.01)
U.S. Cl.
USPC ............ 21456; 2/457; 2/81; 2/82: 2/97:2/272
Field of C lassificat ion Search .............. 2/455, 456,
2/457, 458, 7, 81 , 82, 97, 164, 167, 272,
2/905,906
(52)
(58)
(56)
References C ited
2,695.895 A
2,759,522 A
ll/1 9 54 Barnard et al.

811956 Limm et al.
(Continued)
Oct. 22, 2012
Prior Publication Data

US 2013/0042390 Al
Patent No.:
US 8,424,119 B2
Date of Patent:
*Apr. 23, 2013
(60)
Tllis patent is subject to a tenninal disclaimer.
(65)
lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll
US008424119B2
Feb. 21 , 20 13
DE
EP
9409799
917888
4/ 1995
5/1999
(Continued)
OTHER PUBLICATIONS

(63)
Continuation of application No. 12/776,306, filed on

May 7, 2010, which is a continuation-in-part of
application No. 29/336,730, filed on May 7, 2009, now
Pat No. Des. 650.529, and a continuation-in-part of
application No. 29/ 360,364. filed on Apr. 23, 2010,
now Pat. No. Des. 670,435, and a continuation-in-part
of application No. 29/346,787, filed on Nov. 5, 2009,
now Pa t. No. Des. 655,921, and a continuation-in-part
of app lication No. 29/346,784, filed on Nov. 5, 2009,
now Pat. No. Des. 656,741 , and a continuation-i n-part
of application No. 291346,788, filed on Nov. 5, 2009,
now Pa t. No. Des. 651,352, and a continuation-in-part
of application No. 29/346,785, filed on Nov. 5, 2009,
now Pat. No. Des. 653,400, and a continuation-in-part
of app lication No. 29/346,786, filed on Nov. 5, 2009,
now Pat. No. Des. 657,093.
Quelle Catalog: RU, Jacket Advertisement, 2005.
(Continued)
Primary Examiner - Bobby Muramoto, Jr.

(74) AttornC')I, Age11t, or Firm - Schwabe, Williamson &
Wyatt, P.C.
(57)
ABSTRACT
Embodiments of the present disclosure relate generall y to
body gear having designed performance characteristics, and
in particular to methods and apparatuses that utilize an array
of hea t managing elements coupled to a base material to direct
body heat while also maintaining the desired transfer properties of the base material. I.n some embodiments. the heat
managing material elements include heat management elements that reflect heat or conduct heat, and may be directed
towards the body of a user or away from the body of the user.
25 C laims, 8 Drawing Sheets
Exhibit 3
Page 1 of 15

US 8,424,119 B2
Page 2

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Layson eta! . .................... 2/458
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Blackford et al. ............ 165/ 185
Munda ........................... 21161.1

GB
GB
GB
JP
JP
JP
JP
KR
KR
wo
wo
WO
WO
WO
WO
207361 3 A
2294426
24 14960
63- 125525
63-139147
2004338169
2006269490
10-2007-0052303
30560581
9749552
0259414 A2
DM/064488
DM/064044
W020061030254
DM1067876
1011981
51!996
12/2005
8/1988
9/ 1988
12/2004
4/2008
512007
512010
12/1997
1/2002
5/2003
7/2003
3/2006
5/2006
OTHER PUBLICATIONS
Sunmorc, Poe Yog.~ Mal, Sport ing Goods Buyer's Guide, Spring
2008.
YPCYC Catalog, Kompendiwn: Sportmode, kettenwirk-pra."< is,
Obertshaunsen, 2006.
Castelli Insolito Radiation Jackct- 3 Season Cycling Jacket; www.
fccdthcgabit .com/ road -bi ki nglcast clli-inso Iito-radial ion-j ac kcl-3season-eycling-jacket/; Sep. 19, 2008.
Castelli Radiation Jacket www.cyclingweekly.co.uklarchive/tech/
3226221castelli-mdiation-jacket-300.html; Mar. 10, 2009.
US 8,359,674, 05/2010, Blackford (withdrawn)
* cited by examiner
Exhibit 3
Page 2 of 15
U.S. Patent
Apr. 23, 2013
Sheet 1 of 8
US 8,424,119 B2
FIG. 1A
FIG. 18
FIG. 1C
FIG. 1D
Exhibit 3
Page 3 of 15
U.S. Patent
Apr. 23, 2013
Sheet 2 of8
US 8,424,119 B2
FIG. 2A
FIG. 28
Exhibit 3
Page 4 of 15
U.S. Patent
Apr. 23, 2013
FIG. 3A
US 8,424,119 B2
Sheet 3 of8
20
FIG. 38
FIG. 3C
20
FIG. 30
20
Exhibit 3
Page 5 of 15
U.S. Patent
Apr. 23, 2013
US 8,424,119 B2
Sheet 4 of8
FIG. 5
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Exhibit 3
Page 6 of 15
U.S. Patent
Apr. 23, 2013
US 8,424,119 B2
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Exhibit 3
Page 7 of 15
U.S. Patent
Apr. 23, 2013
US 8,424,119 B2
Sheet 6 of8
FIG. 9
FIG. 10
FIG. 11
FIG. 12
Exhibit 3
Page 8 of 15
U.S. Patent
Apr. 23, 2013
Sheet 7 of8
US 8,424,119 B2
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Exhibit 3
Page 9 of 15
U.S. Patent
Apr. 23, 2013
Sheet 8 of8
US 8,424,119 B2
FIG. 15A
20
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Exhibit 3
Page 10 of 15

US 8,424,1 19 B2
PATTERNED IIEAT MANAGEMENT

MATERIAL
FIGS. 2A and 2B illustrate examples of pattemed beat

directing/management elements disposed on a base fabric, in
accordance with various embodiments;
FIGS. 3A-3E illustrate examples of patterned heat directinglmanagement elements disposed on a base fabric, in accordance with various embodin1ents;
FIG. 4 illustrates an upper body gannent such as a coat
having a lining of base material with heat directing/management elements disposed thereon, in accordance with various
embodin1ents;
FIG. 5 illustrates an upper body garment such as a coat
embodiments:
embodin1ents;
FTG. 7 illustrates an upper body gannent such as a coat
embodiments:
FIGS. 8A-D illustrate various views of a patterned heat
management material as used in a jacket, in accordance with
various embodiments;
FIG. 9 illustrates an example of a patterned heat management material as used in a boot, in accordance with various
embodin1ents;
FlG. lO illustrates an example of a panerned heat management material as used in a glove, where the cuff is rolled
outward to show the lirting, in accordance with various
embodiments;
FIG. 11 illustrates an example of a patterned heat management material as used in a hat, in accordance with various
embodin1ents;
FIG. 12 illustrates an example of a patterned beat management material as used in a pair of pants, in accordance with
FIG. 13 illustrates an example of a patterned heat management material as used in a sock, in accordance with various
embodin1ents;
FIG. 14 illustrates an example of a patterned beat management material as used in a boot, in accordance with various
embodin1ents: and
FIGS. lSA and B illustrate two views of a patterned heat
management material as used in a reversible rain fly (FIG.
lSA) and as a portion ofa tent body (FIG. lSB), in accordance
with various embodiments.
CROSS-REFERENCE TO RELATED
APPLICATION
111is application is a continuation of and claims benefit of

the filing date of U.S. application Ser. No. 12/776,306, fi led
May 7, 2010, emitled "PATTERNED HEAT MANAGEMENT MATERIAL," which claims benefit of the filing date tO
ofU.S. Provisional Application No. 6 1/176,448, filed May 7,
2009, entitled "HEAT REFLECTIVE MATERIAL," the disclosures of which are incorporated herein in their entirety.
U.S. application Ser. No. 12n76,306 is also a continuationin-part of and claims the benefit of the filing date of U.S. 15
Design Patent applications 29/ 336,730. filed on May 7, 2009;
29/360,364, filed on Apr. 23, 201 0; 29/346.787, filed on Nov.
5, 2009; 291346,784, filed on Nov. 5, 2009; 29/346,788, filed
on Nov. 5, 2009; 29/346,785, filed on Nov. 5, 2009; and
29/346,786, filed on Nov. 5, 2009; the d isclosures of which 20
are incorporated herein in their entirety.
TECHNICAL FIELD
Embodiments of the present disclosure relate generally to 25
a fabric or other material used for body gear and other goods
having designed performance characteristics, and in particular to methods and apparatuses that utilize a pattern of heat
managing/directing elements coupled to a base fabric to manage heat through reflection or conductivity wlti le maintaitting 30
the des ired propenies of the base fabric.
BACKGROUND
Currently, heat reflective materials such as aluminum and 35
mylar typically take the form of a unitary solid film that is
glued or otherwise attached to the interior of a garment, such
as a jacket. The purpose of this layer is to inhibit them1al
radiation by reflecting the body heat of the wearer and thereby
keeping the garment wearer warm in colder conditions. How- 40
ever, these heat reflective linings do not transfer moisture
vapor or allow air passage, thus they trap moisture near the
body. Because the application of a heat reflective material
impedes the breathability and other functions of the underlying base fabric, use of heat reflective materials during physi- 45
cal activity causes the inside of a garment to become wet,
thereby causing discomfort and accelerating heat loss due to
the increased heat conductivity inherent in wet materials.
Further, these heat reflective coated materials impair the ability of the material to stretch, drape, or hang in a desired 50
fashion.
BRIEF DESCRJPTJON OF TilE DRAWINGS
Embodimetlls of tbe present disclosure will be readily
understood by the following detailed description in conjunction with the accompanying drawings. Embodiments of the
invention are illustrated by way of example and not by way of
limitation in the figures of the accompanying drawings.
FIGS. I A illustrates an upper body garment such as a coat
having a lining of base material with heat directing/management elements disposed thereon. in accordance with various
embodiments;
FIGS. l B-lE illustrate various views of exan1ples of patterned heat directing/management elements disposed on a
base fabric or material, in accordance with various embodiments;
55
60
65
DETAILED DESCRIPTION OF EMBODIMENTS

In the following detailed description, reference is made to
the accompanying drawings which form a part hereof, and in
wlticb are shown by way of illustration embodiments in
which the disclosure may be practiced. It is to be understood
that other embodiments may be utilized and stmctltral or
logical changes may be made without departing from the
scope of the present disclosure. Therefore, the following
detailed description is not to be taken in a limiting sense, and
the scopes of embodiments, in accordance with the present
disclosure. are defined by the appended claims and their
eq1tivalents.
Various operations may be described as multiple discrete
operations in nrrn, in a manner that may be helpflrl inunderstanding embodiments of the present invention; how(;.'Ver, the
order of description should not be construed to imply that
these operations are order dependent.
Exhibit 3
Page 11 of 15

US 8,424,1 19 B2
1l1e description may use perspective-based descriptions

such as up/down, back/front, and top/lx>ftom. Such descriptions are merely used to facilitate the discussion and are not
intended to restrict the application of embodiments of the
present invention.
1l1e terms "coupled" and "connected,'' along with their
derivatives, may be used. It should be understood that these
tem1s are not intended as synonyms for each other. Rather, in
particular embodiments, "connected" may be used to indicate
that two or more elements are in direct physical or electrical
contact with each other. "Coupled" may mean that two or
more elements are in direct physical or electrical contact.
However, "coupled" may also mean that two or more elements are not in direct contact with each other, but yet still
cooperate or interact with each other.
For the purposes of the description, a phrase in the form
"AlB" or in the form "A and/or B" means (A), (B), or (A and
B). For the purposes of the description, a phrase in the form
"at least one of A, B, and C" means (A), (B), (C). (A and B),
(A and C), (Band C), or (A, Band C). For the purposes of the
description, a phrase in the form "(A)B" means (B) or (AB)
that is, A is an optional element.
1ne description may use the phrases "in an embodiment,"
or "in embodiments," which may each refer to one or more of
the same or different embodiments. Furthermore, the terms
"comprising," "including," "having," and the like, as used
with respect to embodiments of the present invention, are
synonymous.
In various embodiments a material for body gear is disclosed that may use a pattern of heat management material
elements coupled to a base fabric to manage, for example,
body beat by directing the beat towards or away from the body
as desired, while still maintaining the desired transfer properties of the base fabric. For example, referring to FIGS.
l B-lE, in one embodiment, a plurality ofhea t management or
heat directing elements 10 may be disposed on a base fabric
20 in a generally non-contiJJuous array, whereby some ofthe
base fabric is exposed between adjacent heat management
elements. The heat directing function of the heat management
elements may be generally towards the body through reflectivity or away from the body through conduction and/or radiation or other heat transfer property.
The heat management elements 10 may cover a sufficient
surface area of the base fabric 20 to generate the desired
degree of heat management (e.g. heat reflection toward the
body to enhance warmth, or heat conductance away from the
body to help induce cooling). A sufficient area of base fabric
may be exposed to provide the desired base fabric fi.mction
(e.g., stretch, drape, breatbability, moisture vapor or air permeability, or wicking).
In accordance with various embodiments, the base fabric
may be a part of any forn1 of body gear, such as bodywear (see
e.g. FIGS. l A and 4-13), sleeping bags (see e.g. FIG. 14),
blankets, tents (see e.g. FIG. 158), rain flys (see e.g. FIG.
15A) etc. Bodywear, as used herein, is defined to ioclude
anything \\lOrn on the body. including, but not limited to,
outerwear such as jackets, pants, scarves, shirts, bats, gloves,
mittens, and the like, footwear such as shoes, boots, slippers,
and the like, sleepwear, such as pajamas, nightgowns. and
robes, and undergarments such as underwear, them1alunderwear. socks. hosiery, and the like.
In various embodiments, single-layer body gear may be
used and may be comprised ofa single layer of the base fabric,
whereas other embodiments may use multiple layers of fabric, including one or more layers of the base Iabric, coupled to
one or more other layers. For instance, the base fabric may be
used as a fabric lining for body gear.
In various embodiments, the array of heat management

elements may be disposed on a base fabric having one or more
desired properties. For example, the underlying base material
may have properties such as air permeability, moisture vapor
transfer and/or wickabiliry, which is a common need for body
gear used in both indoor and outdoor applications. In other
embodiments, the separations between heat management elements help allow the base material to have a desired drape,
look, and/or texture. In some embodiments. the separations
between heat management elements my help allow the base
material to stretch. Suitable base fabrics may include nylon,
polyester, wyon, cotton, spandex, wool, silk, or a blend
thereof, or any other material having a desired look, feel,
weight. thickness, weave, texture. or other desired property.
In various embodin1ents, allowing a designated percentage of
the base fabric to remain uncovered by the heat management
material elements may allow that portion of the base fabric to
perform the desired functions, while leaving enough heat
management material element surface area to direct body
beat in a desired direction, for instance away from or toward
the body of a user.
For example, the heat management elements may be positioned in such a way and be made of a material that is conducive for directing heat generated by the body. In one
embodiment, the heat management elements may be configured to reflect the user's body beat toward the user's body,
which may be particularly suitable in cold environments. In
another embodiment, the heat management elements may be
configured to conduct the user's body heat away from the
user's body, which may be particularly suitable in wanner
envi TOllmen Is.
In various embodiments, the base fabric may include heat
management elements disposed on an innermost surface of
the body gear such that the elements are disposed to face the
user's body and thus are in a position to manage body beat, as
discussed above (e.g. reflect heat or conduct heat ). ln some
other embodiments, the beat management elements may be
disposed on the exterior surface of the body gear and/or base
fabric such that they are exposed to the environn1ent, which
may allow the heat management elements, for example, to
reflect heat away from the user, while allowing the base fabric
to adequately perform the desired functions. In some embodiments, the heat management elements may perform these
functions without adversely affecting the stretch, drape, feel ,
or other properties of the base fabric.
In some embodiments, the heat management elements may
be an aluminulll-bascd material (particularly suitt.'<l for reflectivity), copper based material (part icularly suited for conductivity) or another metal or metal alloy-based material. Nonmetallic or alloy based materials may be used as heat
directing materials in some embodiments, such as metallic
plastic, mylar, or other man-made materials, provided that
they have heat reflective or conductive properties.
In various embodiments, the heat management elements
may be permanently coupled to the base fabric in a variety of
ways, inch1ding, but not limited to gluing, heat pressing,
printing, or stitching. In some embodiments, the heat management elements may be coupled to the base fabric by frequency welding, such as by radio or ultrasonic welding.
In various embodiments, the heat directing properties of
the beat management elements may be influenced by the
composition oftbe base fabric or the overall construction of
the body gear. For example, a base fabric may be used that has
significant insulating properties. When paired with heat management clements that have heat reflective properties, the
insulative backing/lining may help limit any conductivity that
may naturally occur and enhance the reflective properties of
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Exhibit 3
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US 8,424,1 19 B2
5
the hea t management elements. In another example, the base

fabric may provide little or no insulative properties, but may
be coupled to an insulating layer disposed on the side of the
base fabric opposite the heat directing material elements. The
separate insulation layer may help reduce the potential for
heat conductivity oft he elements and enhance their reflectivity. ln some embodiments, the heat management elements
may become more conductive as the air layer between the
garment and the wearer becomes more warm and humid.
Such exan1ples may be suitable for use in cold weather applicat ions, lor instance.
In various embodiments, a base Jab ric may be used that has
li ttle or no insulative properties. When paired with heat
directing elements that are primarily configured to conduct
heat, as opposed to reflecting heat, the base fabric and heatdirecting elements may aid in removing excess body heat
generated in warmer climates or when engaging in extreme
physical activity. Such embodiments may be suitable Jor
warm weather conditions.
In various embodiments, the heat management material
elements may be applied in a pattern or a continuous or
discontinuous array defined by the manufacturer. For
example, as illustrated in FIGS. l A-t E, heat management
material elements 10, may be a series of dot-like heat reflective (or heat conductive) elements adhered or otherwise
secured to the base fabric 20 in a desired pattern. Such a
configuration has been found to provide heat reflectivity and
thus warmth to the user (e.g., when heat reflective elements
are used), or, in the alternative, heat cond uction and thus
cooling to the user (e.g., when heat conductive elements are
used), whi le still allowing the base fabric to perfonn the
function of the desired one or more properties (e.g. breathe
and allow moismre vapor to escape through the fabric in order
to reduce the level of moisture build up).
Although the illustrated embodiments show the heal management material elements as discrete elements, in some
embodiments, some or all of the beat management material
elements may be arranged such that they are in connection
with one another, such as a lattice pattern or any other pattern
that pennits partial coverage of the base fabric .
In various embodiments, the configuration or pattern of the
heat management elements themselves may be selected by
the user and may take any one of a variety of forms. For
example. as illustrated in FIGS. 2A-2B, 3A-3E, and 4-6, the
configuration of the heat management elements 10 disposed
on a base fabric 20 used for body gear may be in the fonn of
a variety of geometrical patterns (e.g. lines, waves, triangles,
squares, logos, words, etc.)
In various embodiments, the pattern of beat management
elements may be symmetric, ordered, random, and/or asymmetrical. Further, as discussed below, the pattern of heat
management elements may be disposed on the base material
at strategic locations to improve the performance of the body
wear. In various embodiments, the size of the heat management elements may also be varied to balance the need for
enhanced heat directing properties and preserve the ftmctionality of the base fabric.
In embodiments, the density or ratio of the surface area
covered by the heat management material elements to the
surface are of base fabric left uncovered by the heat management material elements may be from about 3:7 (30%)toabout
7:3 (70%). This range has been shown to provide a good
balance of heat management properties (e.g .. reflectivity or
conductivity) with the desired properties of the base fabric
(e.g., brcathability or wicking, Jor instance). In particular
embodiments, this ratio may be from about 4:6 (40%) to
about 6:4 (60%).
In various embodi ments, the placement, pattern, and/or

coverage ratio of the beat management elements may vary.
For example the heat management elements may be concentrated in certain areas where heat management may be more
critical (e.g. the body core) and non existent or extremely
limited in other areas where the function of the base fabric
property is more cri tical (e.g. area under the arms or portions
of the back for wickiug moisture away from the body). In
various embodiments, different areas of the body gear may
have different coverage ratios, e.g. 70% at the chest and 30%
at the limbs, in order to help optimize, for example, the need
for warmth and breathability.
In various embodi ments, the size of the heat management
elements may be largest (or the spacing between them may be
the smallest) in the core regions of the body for enhanced
reflection or conduction in those areas. and the size of the heat
management elements may be the smallest (or the spacing
between them may be the largest) in peripheral areas of the
body. In some embodiments, the degree of coverage by the
heat management elements may vary in a gradual fashion
over the entire garments as needed for regional heat management. Some embodiments may employ heat reflective elements in some areas and hea t conductive elements in other
areas of the garment.
In various embodiments, tbe beat management elements
may be configured to help resist moismre buildup on the heat
management elements themselves and further enhance the
function of the base fabric (e.g. breatha bility or moisture
wicking). In one embodiment, it has been fow1d that reducing
the area of individual elements, but increasing the density
may provide a better balance between heat direction (e.g.
reflectivity or conductivity) and base fabric ftmctionality, as
there will be a reduced tendency for moisture to build up on
the heat 1U.:'U1agement elements. In some embodiments, it has
been found that keeping the surface area of the individual beat
managemen t elements below I cm 2 can help to reduce the
potential for moisture build up. IJl various embodiments, the
heat management elements may have a maximum dimension
(dian1eter, hypotenuse, length, width, etc.) that is Jess than or
equal to about 1 em. ln some embodiments, the maximum
dimension may be between 1-4 mm. In other embodiments,
the largest dimension of a heat management element may be
as small as I mm, or even smaller.
In some embodiments, the topographic profile of the individual heat management elements can be such that moisture
is not inclined to adhere to the heat management element. For
example, the heat management element may be convex, conical, fluted, or otherwise protmded, which may help urge
moisture to flow towards the base fabric. In some embodiments, the surface of the heat management elements may be
treated with a compound that may help resist the build up of
moisture vapor onto the elements and berter direct the moisture to the base fabric without materially impact ing the thermal directing property of the elements. One such example
treatmen t may be a hydrophobic fluorocarbon, which may be
applied to the elements via lamination. spray deposition, or in
a chemical bath.
may be removable from the base fabric and reconfigurablc if
desired using a variety of releasable coupling fasteners such
as zippers. snaps, buttons, hook and loop type fasteners (e.g.
Velcro), and other detachable interfaces. Further, the base
material may be fonned as a separate item of body gear and
used in conjunction with other body gear to improve thennal
management of a user 's body heat. For example, an upper
body under wear garment may be composed with heat management elements in accordance with various embodiments.
10
15
20
25
30
35
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45
50
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Exhibit 3
Page 13 of 15

US 8,424,1 19 B2
7
TI1is under wear garment may be worn by a user alone, in
which case conduction of body heat away from the user's
body may typically occur. or in conjunction with an insulated
outer garment which may enhance the heat reflectivity of the
user's body heat.
may be applied to the base fabric such that it is depressed,
concave, or recessed relative to the base fabric, such that the
surface of the heat management element is disposed below
the surface of the base fabric. This configuration may have the
effect of improving, for example, moisture wicking, as the
base fabric is the portion oft he body gear or body gear lining
that engages the user's ski n or underlying clothing. Further,
such contact with the base fabric may also enhance the comfort to the wearer of the body gear in applications where the
skin is in direct contact with the base fabric (e.g. gloves,
mittens, underwear, or socks).
FIGS. 8-15 illustrate various views of a patterned heal
management fabric used in a variety of body gear applications. such as a jacket (FIGS. 8A-D), boot (FIG. 9), glove
(FIG. 10), hat (FIG. 11). pants (FIG. 12), sock (FIG. 13),
sleeping bag (FIG. 14), tent rain fly (FIG. l 5A) and tent (FIG.
158). Each of the body gear pieces illustrated include a base
material 20 having a plurality of heat management elements
10 disposed thereon.
While the principle embodiments described herein include
heat management elements that are disposed on the inner
surface of the base fabric, in various embodiments, the heat
management material elements may be used on the outside of
body gea r, for instance to reflect or direct heat exposed to tJ1e
outside surface of tbe gear. For instance, in some embodiments, base fabric and heat reflective elements, such as those
illustrated in FIGS. 18-J E, may be applied to an outer or
exterior surface of the body gear, such as a coat, sleeping bag,
lent or lent rain fly, etc in order to reflect heat away from the
user.
In some embodiments, the body gear may be reversible,
such that a user may detennine whether to use the fabric to
direct heat toward the body or away from the body. An
example of such reversible body gear is illustrated in FIG.
15A.ln this embodiment, the heat management elements may
be included on one side of a tent rain fly. In one embodiment,
the rain fly may be \JSed with the heat management elements
facing outward. for example in hot weather or sunny conditions. in order to reflect heat away from the body of the tent
user. Conversely, in cold weather conditions, for example, the
tent rain fly may be reversed and installed with the heat
management elements facing inward, toward the body of a
user, so as to reflect body beat back toward the tent interior.
Although a tent rain fly is used to illustrate this principle, one
of skill in the art will appreciate that the same concept may be
applied to other body gear, such as reversible jackets, coats,
hats, and the like. FIG. 158 illustrates an example wherein at
least a portion of the tent body includes a fabric having a
plurality of heat management elements disposed thereon. In
the illustrated embodiment, the heat reflective elements are
facing outward and may be configured to reflect heat away
from the tent and thus away from the body of the tent user. In
other embodiments, the elements may be configured to face
inward.
Although certain embodiments have been illustrated and
described herein, it will be appreciated by those of ordinary
skill in the art that a wide variety of alternate and/or equivalent embodiments or implementations calculated to achieve
the same purposes may be substituted tor the embodiments
shown and described without departing from the scope of the
present invention. Those with skill in the art will readily
appreciate that embodiments in accordance with the present

invention may be implemented in a very wide variety ofways.
This application is intended to cover any adaptations or variations of the embodiments discussed herein. Therefore, it is
5 manifestly intended that embodiments in accordance with the
present invention be limited only by the claims and the
equivalents thereof.
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I claim the following:

1. A heat management material adapted for use with body
gear, comprising:
a base material having a transfer property that is adapted to
allow, impede, and/or restrict passage of a natural element through the base material;
one or more heat-directing elements, each coupled to a first
side of a base material, the one or more heat-directing
elements being positioned to direct heat in a desired
direction, wherein a surface area ratio of heat-directing
elements to base material is from abo\Jt 7:3 to about 3:7,
and wherein the surface area ratio of heat-directing elements to base material pennits the base material to retain
partial performance of the transfer property.
2. The heat management material of claim 1, wherein the
base materia l comprises an innermost layer oft he body gear
having an innennost surface, and wherein the one or more
heat-directing elements are positioned on the innermost surface to direct heat towards the body of a body gear user.
base material comprises an outermost layer of the body gear
having an outennost surface, and wherein the one or more
beat directing elements are positioned on the outermost surface such that they face away from the body of a body gear
user.
natural element is air, moisture, water vapor, or heat.
5. TI1e heat management material of claim 1, wherein the
base material is a moisture-wicking fabric.
6. The heat management material of claim 1. wherein the
base material comprises one or more insulating and/or waterproof materials.
7. The heat management material of claim 1, wherein a
second side of the base ma terial is coupled to an insulating
and/or waterproof material .
surface area ratio of heat-directing elements to base material
is from about 3:2 to about 2:3.
one or more heat-directing e lemen ts comprise a metal or a
metal alloy.
one or more heat-directing elements comprise aluminum to
enhance heat reflectivity or copper to enhance heat conductivity.
one or more heat-directing elements are treated with a hydrophobic material to resist moisture build up.
material is part of a coat, jacket, shoe, boot, slipper, glove,
mitten, hat, scarf, pants. sock, tent, rain Oy, or sleeping bag.
one or more heat-directing elements are concave or convex.
one or more heat -directing elements are recessed into the base
material such that the outer surface of each heat-directing
clement is below the surface of the base material.
15. A method of making a heat management body gear
material, comprising:
Exhibit 3
Page 14 of 15

US 8,424,1 19 B2
9
10
coupling one or more heat-directing elements to a first side

of a base material having a transfer functionaEty that is
adapted to allow, impede, and/or restrict passage of a
natural element through the base material, the one or
more heat-directing elements being positioned to direct
heat in a desired direction, wherein coupli ng the one or
more heat-directing elements comprises coupling one or
more heat-directing elements of a size and spacing to
cover from about 30% to about 70% ofthe base material;
pairing the heat management body gear material with a
piece of body gear;
providing, with the material, body heat management and
base material ti.mctionality.
16. The method of claim 15, wherein the base material
further provides insulating properties, and wherein the one or
more heat-directing elements reflect heat toward a body of a
user.
17. The method of claim 15, wherein the one or more
heat-directing elements conduct heat away from a body of a
user.
18. The method ofclaim l5, further comprising treating the
one or more heat-directing elements with a hydrophobic
treatment thai will resist moisture buildup.
19. ll1e method of claim 15, wherein providing body heat
management and base material transfer functional ity
includes:
providing the one or more beat-directing elements adapted
to conduct heat away from a wearer's body or reflect
heat towards the wearer's body; and
providing a base material that includes one or more functional characteristics including air permeability, moisture wicking, and thennal permeability.

gear, compnsmg:
a base material having one or more properties of
breathability, moisture vapor permeabiEty, air penneabi liry, or moisture wicking;
one or more heat-reflective elements, wherein each of the
one or more heat-reflective elements is coupled to a first
side oflhe base material, the one or more heat-reflective
elements being positioned to reflect beat in a desired
direction;
wherein a surface area ratio of heat -directing elements to
base material is from about 7:3 to about 3:7, and wherein
the surface area ratio of heat-directing elements to base
material preserves partial performance of the one or
more properties of the base material.
21. The heat-management material of claim 20, wherein
the desired direction is either toward a wearer of the body gear
or away from the wearer of the body gear.
22. The heat-management material of claim 20, wherein a
surface area ratio of beat -directing elements to base material
is different on different portions of the body gear.
portions of the base material are exposed and not covered by
the one or more heat-directing elements.
portions of exposed base material fonn an ordered pattern.
portions of exposed base material fonn a symmetric pattern.
tO
t5
20
25
* * * * *
Exhibit 3
Page 15 of 15
EXHIBIT 4

111111
1111111111111111111111111111111111111111111111111111111111111
US008453270B2
(12)
United States Patent
(10)
Blackford
(45)
(54)
PATTERNED HEAT MANAGEMENT

MATERIAL
(75)
Inventor:
(73)

( *)
Notice:
Woody Blackford, Portland, OR (US)
Subject to any disclaimer, the term of this

patent is extended or adjusted under 35
U.S.c. 154(b) by 133 days.
(21)
Appl. No.: 121776,306
(22)
Filed:
(52)
(58)
Patent No.:
US 8,453,270 B2
Date of Patent:
Jun. 4,2013
U.S. Cl.
USPC ............ 2/456; 2/457; 2/81; 2/82; 2/97; 2/272
Field of Classification Search
USPC ............... 2/455,456,457,458, 7, 81, 82, 97,
2/164,167,272,905,906
(56)
References Cited
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8/1956 Linnn et al.
(Continued)
May 7, 2010
(65)
Prior Publication Data

US 201 010282433 Al
DE
EP
Nov. 11,20lO
Continuation-in-part of application No. 29/360,364,

filed on Apr. 23, 201 0, now Pat. No. Des. 670,435, and
a continuation-in-part of application No. 29/346,787,
filed on Nov. 5, 2009, now Pat. No. Des. 655,921, and
filed on May 7,2009, now Pat. No. Des. 650,529.
(60)
Provisional application No. 611176,448, filed on May

7,2009.
(51)
Int. Cl.
A4ID27102
A62B 17100
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4/1995
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(Continued)

(63)
9409799
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OTHER PUBLICATIONS
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(Continued)
Primary Examiner - Bobby Muromoto, Jr.
(74) Attorney, Agent, or Firm - Schwabe, Williamson &
Wyatt, P.c.
(57)
ABSTRACT
Embodiments of the present disclosure relate generally to

body gear having designed performance characteristics, and
in particular to methods and apparatuses that utilize an array
of heat managing elements coupled to a base material to direct
body heat while also maintaining the desired transfer properties of the base material. In some embodiments, the heat
managing material elements include heat management elements that reflect heat or conduct heat, and may be directed
towards the body of a user or away from the body of the user.
24 Claims, 8 Drawing Sheets
Exhibit 4
Page 1 of 15

US 8,453,270 B2
Page 2
u.s. PATENT DOCUMENTS

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611977
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111987
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811988
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311992
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112000
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212001
6/2001
1112001
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112002
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112003
7/2003
1112004
212005
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412005
812005
7/2008
1112008
1012009
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112009
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612010
1112010
1212010
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212011
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612011
6/2011
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912011
Wahl strand ..................... 607/33

Dodo ......................... 250/493.1
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Exhibit 4
Page 2 of 15
u.s. Patent
Juo. 4, 2013
US 8,453,270 B2
Sheet 1 of8
FIG.1A
FIG. 1 B
FIG.1C
FIG. 10
FIG. 1E
20
10
Exhibit 4
Page 3 of 15
u.s. Patent
Juo. 4, 2013
Sheet 2 of8
US 8,453,270 B2
FIG.2A
FIG. 28
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g~g 8~g ,{l{ltf,
l~~g~8a~g
:'1~8~g8~g
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Sheet 3 of8
FIG.3A
20
US 8,453,270 B2
FIG. 38
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FIG.3C
20
10
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Exhibit 4
Page 5 of 15
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20
FIG. 6
20
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FIG.8A
FIG. 88
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FIG. 13
20
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Exhibit 4
Page 9 of 15
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Sheet 8 of8
US 8,453,270 B2
FIG.15A
10
20
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Exhibit 4
Page 10 of 15

US 8,453,270 B2
1
PATTERNED HEAT MANAGEMENT

MATERIAL
FIGS. 3A-3E illustrate examples of patterned heat directing/management elements disposed on a base fabric, in accordance with various embodiments;
embodiments;
embodiments;
embodiments;
embodiments;
FIGS. 8A-D illustrate various views of a patterned heat
management material as used in a jacket, in accordance with
embodiments;
FIG. 10 illustrates an example of a patterned heat management material as used in a glove, where the cuff is rolled
outward to show the lining, in accordance with various
embodiments;
FIG. 11 illustrates an example of a patterned heat management material as used in a hat, in accordance with various
embodiments;
FIG. 12 illustrates an example of a patterned heat management material as used in a pair of pants, in accordance with
FIG. 13 illustrates an example of a patterned heat management material as used in a sock, in accordance with various
embodiments;
embodiments; and
FIGS. 15A and B illustrate two views of a patterned heat
management material as used in a reversible rain fly (FIG.
15A) and as a portionofa tent body (FIG. 15B), in accordance
with various embodiments.
CROSS-REFERENCE TO RELATED
APPLICATION
This application claims benefit of the filing date of U.S.
Provisional Application No. 611176,448, filed May 7, 2009,
the disclosure of which is incorporated herein in its entirety.
This application is a continuation in part of and claims the
benefit of the filing date of U.S. Design patent applications
29/336,730, filed on May 7, 2009, 29/360,364, filed on Apr.
23,201 0,29/346,787, filed on Nov. 5, 2009; 29/346,784, filed
on Nov. 5, 2009, 29/346,788, filed on Nov. 5, 2009, 29/346,
785, filed on Nov. 5, 2009, and 29/346,786, filed on Nov. 5,
2009, the disclosures of which are incorporated herein in their
entirety.
10
15
TECHNICAL FIELD
20
Embodiments of the present disclosure relate generally to

a fabric or other material used for body gear and other goods
having designed performance characteristics, and in particular to methods and apparatuses that utilize a pattern of heat
managing/directing elements coupled to a base fabric to manage heat through reflection or conductivity while maintaining
the desired properties of the base fabric.
25
BACKGROUND
30
Currently, heat reflective materials such as aluminum and

mylar typically take the form of a unitary solid film that is
glued or otherwise attached to the interior of a garment, such
as a jacket. The purpose of this layer is to inhibit thermal
radiation by reflecting the body heat of the wearer and thereby
keeping the garment wearer warm in colder conditions. However, these heat reflective linings do not transfer moisture
vapor or allow air passage, thus they trap moisture near the
body. Because the application of a heat reflective material
impedes the breathability and other functions of the underlying base fabric, use of heat reflective materials during physical activity causes the inside of a garment to become wet,
thereby causing discomfort and accelerating heat loss due to
the increased heat conductivity inherent in wet materials.
Further, these heat reflective coated materials impair the ability of the material to stretch, drape, or hang in a desired
fashion.
40
BRIEF DESCRIPTION OF THE DRAWINGS
50
Embodiments of the present disclosure will be readily

understood by the following detailed description in conjunction with the accompanying drawings. Embodiments of the
invention are illustrated by way of example and not by way of
limitation in the figures of the accompanying drawings.
FIG. lA illustrates an upper body garment such as a coat
embodiments;
FIGS. IB-IE illustrate various views of examples of patterned heat directing/management elements disposed on a
base fabric or material, in accordance with various embodiments;
FIGS. 2A and 2B illustrate examples of patterned heat
directing/management elements disposed on a base fabric, in
accordance with various embodiments;
35
45
DETAILED DESCRIPTION OF EMBODIMENTS
55
60
65
In the following detailed description, reference is made to

the accompanying drawings which form a part hereof, and in
which are shown by way of illustration embodiments in
which the disclosure may be practiced. It is to be understood
that other embodiments may be utilized and structural or
logical changes may be made without departing from the
scope of the present disclosure. Therefore, the following
detailed description is not to be taken in a limiting sense, and
the scopes of embodiments, in accordance with the present
disclosure, are defined by the appended claims and their
equivalents.
Various operations may be described as multiple discrete
operations in tum, in a manner that may be helpful in understanding embodiments of the present invention; however, the
order of description should not be construed to imply that
these operations are order dependent.
The description may use perspective-based descriptions
such as up/down, back/front, and top/bottom. Such descrip-
Exhibit 4
Page 11 of 15

US 8,453,270 B2
tions are merely used to facilitate the discussion and are not
desired properties. For example, the underlying base material
intended to restrict the application of embodiments of the
may have properties such as air permeability, moisture vapor
present invention.
transfer and/or wickability, which is a common need for body
The terms "coupled" and "connected," along with their
gear used in both indoor and outdoor applications. In other
derivatives, may be used. It should be understood that these
embodiments, the separations between heat management eleterms are not intended as synonyms for each other. Rather, in
ments help allow the base material to have a desired drape,
particular embodiments, "connected" may be used to indicate
look, and/or texture. In some embodiments, the separations
that two or more elements are in direct physical or electrical
between heat management elements my help allow the base
contact with each other. "Coupled" may mean that two or
material to stretch. Suitable base fabrics may include nylon,
more elements are in direct physical or electrical contact. 10 polyester, rayon, cotton, spandex, wool, silk, or a blend
However, "coupled" may also mean that two or more elethereof, or any other material having a desired look, feel,
ments are not in direct contact with each other, but yet still
weight, thickness, weave, texture, or other desired property.
In various embodiments, allowing a designated percentage of
cooperate or interact with each other.
the base fabric to remain uncovered by the heat management
For the purposes of the description, a phrase in the form
"AlB" or in the form "A and/or B" means (A), (B), or (A and 15 material elements may allow that portion of the base fabric to
B). For the purposes of the description, a phrase in the form
perform the desired functions, while leaving enough heat
management material element surface area to direct body
"at least one of A, B, and C" means (A), (B), (C), (A and B),
heat in a desired direction, for instance away from or toward
(A and C), (B and C), or (A, B and C). For the purposes of the
description, a phrase in the form "(A)B" means (B) or (AB)
the body of a user.
that is, A is an optional element.
For example, the heat management elements may be posi20
The description may use the phrases "in an embodiment,"
tioned in such a way and be made of a material that is conor "in embodiments," which may each refer to one or more of
ducive for directing heat generated by the body. In one
the same or different embodiments. Furthermore, the terms
embodiment, the heat management elements may be config"comprising," "including," "having," and the like, as used
ured to reflect the user's body heat toward the user's body,
with respect to embodiments of the present invention, are 25 which may be particularly suitable in cold environments. In
synonymous.
another embodiment, the heat management elements may be
configured to conduct the user's body heat away from the
In various embodiments a material for body gear is disuser's body, which may be particularly suitable in warmer
closed that may use a pattern of heat management material
elements coupled to a base fabric to manage, for example,
environments.
In various embodiments, the base fabric may include heat
body heat by directing the heat towards or away from the body 30
as desired, while still maintaining the desired transfer propmanagement elements disposed on an innermost surface of
the body gear such that the elements are disposed to face the
erties of the base fabric. For example, referring to FIGS.
IB-IE, in one embodiment, a plurality of heat management or
user's body and thus are in a position to manage body heat, as
heat directing elements 10 may be disposed on a base fabric
discussed above (e.g. reflect heat or conduct heat). In some
20 in a generally non-continuous array, whereby some of the 35 other embodiments, the heat management elements may be
base fabric is exposed between adjacent heat management
disposed on the exterior surface of the body gear and/or base
elements. The heat directing function of the heat management
fabric such that they are exposed to the environment, which
elements may be generally towards the body through reflecmay allow the heat management elements, for example, to
tivity or away from the body through conduction and/or radiareflect heat away from the user, while allowing the base fabric
40 to adequately perform the desired functions. In some embodition or other heat transfer property.
ments' the heat management elements may perform these
The heat management elements 10 may cover a sufficient
surface area of the base fabric 20 to generate the desired
functions without adversely affecting the stretch, drape, feel,
degree of heat management (e.g. heat reflection toward the
or other properties of the base fabric.
In some embodiments, the heat management elements may
body to enhance warmth, or heat conductance away from the
body to help induce cooling). A sufficient area of base fabric 45 be an aluminum-based material (particularly suited for reflecmay be exposed to provide the desired base fabric function
tivity), copper based material (particularly suited for conduc(e.g., stretch, drape, breathability, moisture vapor or air pertivity). or another metal or metal alloy-based material. Nonmeability, or wicking).
metallic or alloy based materials may be used as heat
In accordance with various embodiments, the base fabric
directing materials in some embodiments, such as metallic
may be a part of any form of body gear, such as bodywear (see 50 plastic, mylar, or other man-made materials, provided that
e.g. FIGS. lA and 4-13), sleeping bags (see e.g. FIG. 14),
they have heat reflective or conductive properties.
blankets, tents (see e.g. FIG. 15B), rain flys (see e.g. FIG.
may be permanently coupled to the base fabric in a variety of
15A) etc. Bodywear, as used herein, is defined to include
anything worn on the body, including, but not limited to,
ways, including, but not limited to gluing, heat pressing,
outerwear such as jackets, pants, scarves, shirts, hats, gloves, 55 printing, or stitching. In some embodiments, the heat manmittens, and the like, footwear such as shoes, boots, slippers,
agement elements may be coupled to the base fabric by freand the like, sleepwear, such as pajamas, nightgowns, and
quency welding, such as by radio or ultrasonic welding.
In various embodiments, the heat directing properties of
robes, and undergarments such as underwear, thermal underthe heat management elements may be influenced by the
wear, socks, hosiery, and the like.
In various embodiments, single-layer body gear may be 60 composition of the base fabric or the overall construction of
used and may be comprised of a single layer of the base fabric,
the body gear. For example, a base fabric may be used that has
whereas other embodiments may use multiple layers of fabsignificant insulating properties. When paired with heat manric, including one or more layers of the base fabric, coupled to
agement elements that have heat reflective properties, the
insulative backing/lining may help limit any conductivity that
one or more other layers. For instance, the base fabric may be
used as a fabric lining for body gear.
65 may naturally occur and enhance the reflective properties of
In various embodiments, the array of heat management
the heat management elements. In another example, the base
elements may be disposed on a base fabric having one or more
fabric may provide little or no insulative properties, but may
Exhibit 4
Page 12 of 15

US 8,453,270 B2
be coupled to an insulating layer disposed on the side of the

base fabric opposite the heat directing material elements. The
separate insulation layer may help reduce the potential for
heat conductivity of the elements and enhance their reflectivity. In some embodiments, the heat management elements
may become more conductive as the air layer between the
garment and the wearer becomes more warm and humid.
Such examples may be suitable for use in cold weather applications, for instance.
In various embodiments, a base fabric may be used that has
little or no insulative properties. When paired with heat
directing elements that are primarily configured to conduct
heat, as opposed to reflecting heat, the base fabric and heatdirecting elements may aid in removing excess body heat
generated in wanner climates or when engaging in extreme
physical activity. Such embodiments may be suitable for
warm weather conditions.
In various embodiments, the heat management material
elements may be applied in a pattern or a continuous or
discontinuous array defined by the manufacturer. For
example, as illustrated in FIGS. lA-IE, heat management
material elements 10, may be a series of dot-like heat reflective (or heat conductive) elements adhered or otherwise
secured to the base fabric 20 in a desired pattern. Such a
configuration has been found to provide heat reflectivity and
thus warmth to the user (e.g., when heat reflective elements
are used), or, in the alternative, heat conduction and thus
cooling to the user (e.g., when heat conductive elements are
used), while still allowing the base fabric to perfonn the
function of the desired one or more properties (e.g. breathe
and allow moisture vapor to escape through the fabric in order
to reduce the level of moisture build up).
Although the illustrated embodiments show the heat management material elements as discrete elements, in some
embodiments, some or all of the heat management material
elements may be arranged such that they are in connection
with one another, such as a lattice pattern or any other pattern
that pennits partial coverage of the base fabric.
In various embodiments, the configuration or pattern of the
heat management elements themselves may be selected by
the user and may take anyone of a variety of forms. For
example, as illustrated in FIGS. 2A-2B, 3A-3E, and 4-6, the
configuration of the heat management elements 10 disposed
on a base fabric 20 used for body gear may be in the fonn of
a variety of geometrical patterns (e.g. lines, waves, triangles,
squares, logos, words, etc.)
In various embodiments, the pattern of heat management
elements may be symmetric, ordered, random, and/or asymmetrical. Further, as discussed below, the pattern of heat
management elements may be disposed on the base material
at strategic locations to improve the perfonnance of the body
wear. In various embodiments, the size of the heat management elements may also be varied to balance the need for
enhanced heat directing properties and preserve the functionality of the base fabric.
In embodiments, the density or ratio of the surface area
covered by the heat management material elements to the
surface are of base fabric left uncovered by the heat management material elements may be from about 3:7 (30%) to about
7:3 (70%). This range has been shown to provide a good
balance of heat management properties (e.g., reflectivity or
conductivity) with the desired properties of the base fabric
(e.g., breathability or wicking, for instance). In particular
embodiments, this ratio may be from about 4:6 (40%) to
about 6:4 (60%).
In various embodiments, the placement, pattern, and/or
coverage ratio of the heat management elements may vary.
For example the heat management elements may be concentrated in certain areas where heat management may be more
critical (e.g. the body core) and non existent or extremely
limited in other areas where the function of the base fabric
property is more critical (e.g. area under the arms or portions
of the back for wicking moisture away from the body). In
various embodiments, different areas of the body gear may
have different coverage ratios, e.g. 70% at the chest and 30%
at the limbs, in order to help optimize, for example, the need
for warmth and breathability.
In various embodiments, the size of the heat management
elements may be largest (or the spacing between them may be
the smallest) in the core regions of the body for enhanced
reflection or conduction in those areas, and the size of the heat
management elements may be the smallest (or the spacing
between them may be the largest) in peripheral areas of the
body. In some embodiments, the degree of coverage by the
heat management elements may vary in a gradual fashion
over the entire garments as needed for regional heat management. Some embodiments may employ heat reflective elements in some areas and heat conductive elements in other
areas of the gannent.
may be configured to help resist moisture buildup on the heat
management elements themselves and further enhance the
function of the base fabric (e.g. breathability or moisture
wicking). In one embodiment, it has been found that reducing
the area of individual elements, but increasing the density
may provide a better balance between heat direction (e.g.
reflectivity or conductivity) and base fabric functionality, as
there will be a reduced tendency for moisture to build up on
the heat management elements. In some embodiments, it has
been found that keeping the surface area of the individual heat
management elements below 1 cm 2 can help to reduce the
potential for moisture build up. In various embodiments, the
heat management elements may have a maximum dimension
(diameter, hypotenuse, length, width, etc.) that is less than or
equal to about 1 cm. In some embodiments, the maximum
dimension may be between 1-4 mm. In other embodiments,
the largest dimension of a heat management element may be
as small as 1 mm, or even smaller.
In some embodiments, the topographic profile of the individual heat management elements can be such that moisture
is not inclined to adhere to the heat management element. For
example, the heat management element may be convex, conical, fluted, or otherwise protruded, which may help urge
moisture to flow towards the base fabric. In some embodiments, the surface of the heat management elements may be
treated with a compound that may help resist the build up of
moisture vapor onto the elements and better direct the moisture to the base fabric without materially impacting the thermal directing property of the elements. One such example
treatment may be a hydrophobic fluorocarbon, which may be
applied to the elements via lamination, spray deposition, or in
a chemical bath.
may be removable from the base fabric and reconfigurable if
desired using a variety of releasable coupling fasteners such
as zippers, snaps, buttons, hook and loop type fasteners (e.g.
Velcro), and other detachable interfaces. Further, the base
material may be fonned as a separate item of body gear and
used in conjunction with other body gear to improve thennal
management of a user's body heat. For example, an upper
body under wear garment may be composed with heat management elements in accordance with various embodiments.
This under wear garment may be worn by a user alone, in
which case conduction of body heat away from the user's
10
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25
30
35
40
45
50
55
60
65
Exhibit 4
Page 13 of 15

US 8,453,270 B2
body may typically occur, or in conjunction with an insulated

outer garment which may enhance the heat reflectivity of the
user's body heat.
may be applied to the base fabric such that it is depressed,
concave, or recessed relative to the base fabric, such that the
surface of the heat management element is disposed below
the surface of the base fabric. This configuration may have the
effect of improving, for example, moisture wicking, as the
base fabric is the portion of the body gear or body gear lining
that engages the user's skin or underlying clothing. Further,
such contact with the base fabric may also enhance the comfort to the wearer of the body gear in applications where the
skin is in direct contact with the base fabric (e.g. gloves,
mittens, underwear, or socks).
FIGS. S-15 illustrate various views of a pattemed heat
management fabric used in a variety of body gear applications, such as a jacket (FIGS. SA-D), boot (FIG. 9), glove
(FIG. 10), hat (FIG. 11), pants (FIG. 12), sock (FIG. 13),
sleeping bag (FIG. 14), tent rain fly (FIG. 15A) and tent (FIG.
15B). Each of the body gear pieces illustrated include a base
material 20 having a plurality of heat management elements
10 disposed thereon.
While the principle embodiments described herein include
heat management elements that are disposed on the inner
surface of the base fabric, in various embodiments, the heat
management material elements may be used on the outside of
body gear, for instance to reflect or direct heat exposed to the
outside surface of the gear. For instance, in some embodiments, base fabric and heat reflective elements, such as those
illustrated in FIGS. IB-3E, may be applied to an outer or
exterior surface of the body gear, such as a coat, sleeping bag,
tent or tent rain fly, etc in order to reflect heat away from the
user.
In some embodiments, the body gear may be reversible,
such that a user may determine whether to use the fabric to
direct heat toward the body or away from the body. An
example of such reversible body gear is illustrated in FIG.
15A. In this embodiment, the heat management elements may
be included on one side of a tent rain fly. In one embodiment,
the rain fly may be used with the heat management elements
facing outward, for example in hot weather or sunny conditions, in order to reflect heat away from the body of the tent
user. Conversely, in cold weather conditions, for example, the
tent rain fly may be reversed and installed with the heat
management elements facing inward, toward the body of a
user, so as to reflect body heat back toward the tent interior.
Although a tent rain fly is used to illustrate this principle, one
of skill in the art will appreciate that the same concept may be
applied to other body gear, such as reversible jackets, coats,
hats, and the like. FIG. 15B illustrates an example wherein at
least a portion of the tent body includes a fabric having a
plurality of heat management elements disposed thereon. In
the illustrated embodiment, the heat reflective elements are
facing outward and may be configured to reflect heat away
from the tent and thus away from the body of the tent user. In
other embodiments, the elements may be configured to face
inward.
Although certain embodiments have been illustrated and
described herein, it will be appreciated by those of ordinary
skill in the art that a wide variety of alternate and/or equivalent embodiments or implementations calculated to achieve
the same purposes may be substituted for the embodiments
shown and described without departing from the scope of the
present invention. Those with skill in the art will readily
appreciate that embodiments in accordance with the present
invention may be implemented in a very wide variety of ways.
This application is intended to cover any adaptations or variations of the embodiments discussed herein. Therefore, it is
manifestly intended that embodiments in accordance with the
present invention be limited only by the claims and the
equivalents thereof.
10
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40
45
50
55
60
65
I claim the following:

gear, comprising:
allow, impede, and/or restrict passage of a natural element through the base material; and
a discontinuous array of discrete heat-directing elements,
each independently coupled to a first side of a base
material, the heat directing elements being positioned to
direct heat in a desired direction, wherein a surface area
ratio of heat-directing elements to base material is from
about 7:3 to about 3:7 and wherein the placement and
spacing of the heat-directing elements permits the base
material to retain partial performance of the transfer
property.
base material comprises an innermost layer of the body gear
having an innermost surface, and wherein the heat-directing
elements are positioned on the innermost surface to direct
heat towards the body of a body gear user.
natural element is air, moisture, water vapor, or heat.
base material is a moisture-wicking fabric.
base material comprises one or more insulating or waterproof
materials.
6. The heat management material of claim 1, wherein a
second side of the base material is coupled to an insulating or
waterproof material.
is from about 3:2 to about 2:3.
S. The heat management material of claim 1, wherein the
heat-directing elements comprise a metal or metal alloy.
9. The heat management material of claim S, wherein the
heat-directing elements comprise aluminum to enhance heat
reflectivity or copper to enhance heat conductivity.
heat-directing elements have a maximum dimension of less
than about 1 cm.
heat-directing elements are treated with a hydrophobic material to resist moisture build up on the heat-directing elements.
heat-directing elements have a maximum spacing ofless than
about 1 cm.
heat-directing elements have a minimum spacing of more
than about 1 mm.
material is part of a coat, jacket, shoe, boot, slipper, glove,
mitten, hat, scarf, pants, sock, tent, rain fly, or sleeping bag.
heat-directing elements are concave or convex.
heat-directing elements are recessed into the base material
such that the outer surface of the heat-directing element is
below the surface of the base material.
gear, comprising:
Exhibit 4
Page 14 of 15

US 8,453,270 B2
9
10
a base material having one or more properties of

breathability, moisture vapor penneability, air penneability, or moisture wicking;
a discontinuous array of uniformly-sized heat-reflective
elements, wherein each of the heat-reflective elements is
independently coupled to a first side of the base material,
the heat-reflective elements positioned to reflect heat in
a desired direction; wherein a surface area ratio of heatdirecting elements to base material is from about 7:3 to
about 3:7, and wherein placement and spacing of the
heat-reflective elements preserves partial performance
of the one or more properties of the base material.
the desired direction is either toward a wearer of the body gear
or away from the wearer of the body gear.
the base material is exposed between the heat-reflective elements.
the discontinuous array of heat-reflective elements forms a
pattern that is symmetric.
the discontinuous array is ordered.
22. The heat-management material of claim 17, wherein a
is different on different portions of the body gear.
gear, comprising:
a discontinuous array of heat-directing elements, each

coupled to a first side of a base material, the heat directing elements being positioned to direct heat in a desired
elements to base material is from about 7:3 to about 3:7,
and wherein the placement and spacing of the heatdirecting elements pennits the base material to retain
partial perfonnance of the transfer property,
wherein the base material comprises an innermost layer of
the body gear having an innennost surface, and wherein
the heat-directing elements are positioned on the innermost surface to direct heat towards the body of a body
gear user.
gear, comprising:
a discontinuous array of heat-directing elements, each
coupled to a first side of a base material, the heat directing elements being positioned to direct heat in a desired
elements to base material is from about 7:3 to about 3:7,
and wherein the placement and spacing of the heatdirecting elements pennits the base material to retain
partial perfonnance of the transfer property,
wherein the heat-directing elements have a minimum spacing of more than about 1 mm.
10
15
20
25
* * * * *
Exhibit 4
Page 15 of 15

Columbia Sportswear v. Team Ortho Foundation - Complaint

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Columbia Sportswear v. Team Ortho Foundation - Complaint

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Case: 1:16-cv-01052 Document #: 1 Filed: 01/25/16 Page 1 of 24 PageID #:1

IN THE UNITED STATES DISTRICT COURT

COLUMBIA SPORTSWEAR NORTH

Plaintiff is a part of the Columbia Sportswear family of companies (the

This is an action for patent infringement, copyright infringement, trade dress

This lawsuit pertains in part to Team Orthos infringement of Columbia

Case: 1:16-cv-01052 Document #: 1 Filed: 01/25/16 Page 2 of 24 PageID #:2

This lawsuit also pertains to Team Orthos infringement of certain copyright

Case: 1:16-cv-01052 Document #: 1 Filed: 01/25/16 Page 3 of 24 PageID #:3

Columbia Sportswear seeks, among other relief, an injunction preventing Team

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

On information and belief, Team Ortho is a Minnesota non-profit organization

having a principal place of business located in Minneapolis, Minnesota.

Columbia Sportswears causes of action for patent infringement, copyright

Case: 1:16-cv-01052 Document #: 1 Filed: 01/25/16 Page 4 of 24 PageID #:4

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

Case: 1:16-cv-01052 Document #: 1 Filed: 01/25/16 Page 5 of 24 PageID #:5

The Columbia Sportswear Patents

Case: 1:16-cv-01052 Document #: 1 Filed: 01/25/16 Page 6 of 24 PageID #:6

entitled PATTERNED HEAT MANAGEMENT MATERIAL, which is directed to body gear

Case: 1:16-cv-01052 Document #: 1 Filed: 01/25/16 Page 7 of 24 PageID #:7

Case: 1:16-cv-01052 Document #: 1 Filed: 01/25/16 Page 8 of 24 PageID #:8

The Silver Dot Trade Dress

The evenly-distributed, small silver dot pattern used on COLUMBIA-branded

As a result of its longstanding, continuous and exclusive use, the Columbia

Case: 1:16-cv-01052 Document #: 1 Filed: 01/25/16 Page 9 of 24 PageID #:9

The Columbia Sportswear Group has continuously and extensively advertised,

designation of origin of Columbia Sportswear.

The Columbia Sportswear Copyrights

Case: 1:16-cv-01052 Document #: 1 Filed: 01/25/16 Page 10 of 24 PageID #:10

Case: 1:16-cv-01052 Document #: 1 Filed: 01/25/16 Page 11 of 24 PageID #:11

The pullovers heat-reflective lining as pictured in paragraph 27, supra, infringes

Case: 1:16-cv-01052 Document #: 1 Filed: 01/25/16 Page 12 of 24 PageID #:12

technical features of Columbia Sportswears Omni-Heat technology, as shown below:

By way of comparison, reproduced below is an image from Columbia

Case: 1:16-cv-01052 Document #: 1 Filed: 01/25/16 Page 13 of 24 PageID #:13

Reproduced below is another image from Columbia Sportswears website which

registration fees of anywhere from $24.99 to $119.99.

races over the last five years.

On information and belief, in exchange for their registration fees, in addition to

Case: 1:16-cv-01052 Document #: 1 Filed: 01/25/16 Page 14 of 24 PageID #:14

promotional material. For example, the following language is viewable at

On information and belief, Team Ortho invites participants to pick up their

Columbia Sportswear obtained the infringing pullover pictured herein from a

Columbia Sportswear restates and realleges each of the allegations, photographs

and figures of paragraphs 1-39 as if fully set forth herein.

Case: 1:16-cv-01052 Document #: 1 Filed: 01/25/16 Page 15 of 24 PageID #:15

Team Ortho is not licensed or otherwise authorized by Columbia Sportswear to

the 529 Patent.

use its infringing sportswear unless enjoined by this Court.

Due to Team Orthos infringement of the 529 Patent, Columbia Sportswear is

Case: 1:16-cv-01052 Document #: 1 Filed: 01/25/16 Page 16 of 24 PageID #:16

Columbia Sportswear restates and realleges each of the allegations, photographs

Team Ortho is not licensed or otherwise authorized by Columbia Sportswear to

the 435 Patent.

use its infringing sportswear unless enjoined by this Court.

Due to Team Orthos infringement of the 435 Patent, Columbia Sportswear is

Case: 1:16-cv-01052 Document #: 1 Filed: 01/25/16 Page 17 of 24 PageID #:17

Columbia Sportswear restates and realleges each of the allegations, photographs

and figures of paragraphs 1-39 as if fully set forth herein.

Team Ortho is not licensed or otherwise authorized by Columbia Sportswear to

use its infringing products unless enjoined by this Court.

Due to Team Orthos infringement of the 119 Patent, Columbia Sportswear is

Case: 1:16-cv-01052 Document #: 1 Filed: 01/25/16 Page 18 of 24 PageID #:18

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