Lululemon Athletica, Calvin Klein, Inc., a wholly owned subsidiary of PVH Corp., and G-III Apparel Group, Ltd., a Calvin Klein, Inc. licensee for Calvin Klein Performance, have entered into a settlement agreement that will resolve the pending design patent litigation related to certain yoga pant designs.
The terms of the parties’ settlement agreement are confidential. Pursuant to the agreement, the pending litigation will be dismissed.
As reported, Lululemon in a lawsuit filed in mid-August in the U.S. District Court for the District of Delaware alleged that Calvin Klein Inc and G-III Apparel Group Ltd infringed on three U.S. patents for its popular yoga pants.
In a July letter, Lululemon warned Calvin Klien that its knee length running tights marketed under the Performance brand violated all three patents, including two issued in June. G-III responded to the letter within weeks.
Lululemon was seeking an injunction prohibiting further infringement and enjoining G-III from further manufacture, sale or importation of the pants. The lawsuit also sought damages “adequate to compensate for such infringement, including, but not limited to, lost profits, a reasonable royalty award, disgorgement of the profits received by Defendants, treble damages, costs, pre and post judgment interest at the maximum allowable rate, attorneys’ fees, and such other and further relief this Court deems just and proper.”