May 4, 2022
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Cocona Labs (“Cocona”), a Colorado-based company that manufactures apparel and performance-enhancing materials, has successfully argued that two separate patent infringement lawsuits should move forward.
Cocona alleges that both Columbia Sportswear Co. (“Columbia”) and The North Face (“TNF”) have incorporated Cocona’s patent-protected 37.5 Technology into their products. The technology purportedly helps keep the body at a temperature of 37.5° Celsius and helps keep the microclimate next to the skin at a relative humidity of 37.5%.
The Colorado district judge’s ruling reopens both cases, which originally began in 2016.
Though this legal battle has been going on for years, it appears that none of the parties are willing to settle at this stage. Cocona’s general counsel, Blair Kanis, reportedly expects a final verdict will take well over a year and anticipates further appeals if Cocona is successful at trial.
Authors: Em Windrim and Meghan King