Decision Date: October 25, 2011 Court: S.D. CA -

Patents: D510,652 -

Holding: Defendant’s motion for summary judgment on non-infringement of U.S. Patent No. D510,652 GRANTED -

Opinion: Plaintiff, Seirus Innovative Accessories, Inc. sued Cabela’s Inc. for infringement of three patents including U.S. Design Patent D510,652, entitled Neck Protector. Seirus sells a neck protector called the Zips Microfleece Neck Up. Cabela’s made a competing neck warmer. The patented design includes a vertical zipper at the front of the protector. The accused design has a diagonal zipper. The Court granted Cabela’s motion for summary judgment on non infringement of U.S. Patent No. D510,652, finding that Cabela’s neck protector did not infringe Seirus’ design patent.