Lululemon Athletica Inc

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Total Cases45

Active Cases7

Patents198

CourtsE.D. Texas S.D. New York D. Delaware

TypeOperating Company

Elite Ratings

PTAB

lululemon.co.kr

lululemon-athletica

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L5

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Entered	Case	Description
01/03/25	Nike Inc v. Lululemon USA Inc 1:23-CV-00771 ( S.D. NY )	NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/19/2024 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 01/03/2025) NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/19/2024 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 01/03/2025)
01/03/25	Nike Inc v. Lululemon USA Inc 1:23-CV-00771 ( S.D. NY )	TRANSCRIPT of Proceedings re: CONFERENCE held on 12/19/2024 before Judge Arun Subramanian. Court Reporter/Transcriber: Doug Colavito, (212) 805-0320. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/24/2025. Redacted Transcript Deadline set for 2/3/2025. Release of Transcript Restriction set for 4/3/2025..(McGuirk, Kelly) (Entered: 01/03/2025) TRANSCRIPT of Proceedings re: CONFERENCE held on 12/19/2024 before Judge Arun Subramanian. Court Reporter/Transcriber: Doug Colavito, (212) 805-0320. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/24/2025. Redacted Transcript Deadline set for 2/3/2025. Release of Transcript Restriction set for 4/3/2025..(McGuirk, Kelly) (Entered: 01/03/2025)
01/02/25	Nike Inc v. Lululemon USA Inc 1:23-CV-00771 ( S.D. NY )	LETTER RESPONSE in Support of Motion addressed to Judge Arun Subramanian from Stuart E. Pollack, Ph.D. dated January 2, 2025 re: [264] LETTER MOTION to Seal Portion of Letter Brief re Construction of "Surrounding Textile Structure" addressed to Judge Arun Subramanian from Ali S. Razai dated December 30, 2024. . Document filed by adidas America, Inc...(Pollack, Stuart) (Entered: 01/02/2025)
12/30/24	Nike Inc v. Lululemon USA Inc 1:23-CV-00771 ( S.D. NY )	LETTER addressed to Judge Arun Subramanian from Ali S. Razai dated December 30, 2024 re: Construction of "surrounding textile structure". Document filed by Lululemon USA Inc...(Razai, Ali) (Entered: 12/30/2024)
12/30/24	Nike Inc v. Lululemon USA Inc 1:23-CV-00771 ( S.D. NY )	*SELECTED PARTIES* LETTER addressed to Judge Arun Subramanian from Ali S. Razai dated December 30, 2024 re: Construction of "surrounding textile structure". Document filed by Lululemon USA Inc..Motion or Order to File Under Seal: [264] .(Razai, Ali) (Entered: 12/30/2024)
12/30/24	Nike Inc v. Lululemon USA Inc 1:23-CV-00771 ( S.D. NY )	LETTER MOTION to Seal Portion of Letter Brief re Construction of "Surrounding Textile Structure" addressed to Judge Arun Subramanian from Ali S. Razai dated December 30, 2024. Document filed by Lululemon USA Inc...(Razai, Ali) (Entered: 12/30/2024)
12/30/24	Nike Inc v. Lululemon USA Inc 1:23-CV-00771 ( S.D. NY )	LETTER addressed to Judge Arun Subramanian from Aaron P. Bowling dated December 30, 2024 re: Claim Construction. Document filed by Nike, Inc.. (Attachments: # [1] Supplement Declaration of Aaron P. Bowling, # [2] Exhibit A - 2024-12-19 Hearing Transcript (excerpt), # [3] Exhibit B - Definition of Surrounding, # [4] Exhibit C - Pastore Deposition Transcript (excerpt), # [5] Exhibit D - Young Deposition Transcript (excerpt), # [6] Exhibit E - Pastore ITC Deposition Transcript (excerpt), # [7] Exhibit F - NIKE0499373, # [8] Exhibit G - IPR2024-00460 Petition, # [9] Exhibit H - IPR2024-00460 Institution Decision).(Bowling, Aaron) (Entered: 12/30/2024) LETTER addressed to Judge Arun Subramanian from Aaron P. Bowling dated December 30, 2024 re: Claim Construction. Document filed by Nike, Inc.. (Attachments: # [1] Supplement Declaration of Aaron P. Bowling, # [2] Exhibit A - 2024-12-19 Hearing Transcript (excerpt), # [3] Exhibit B - Definition of Surrounding, # [4] Exhibit C - Pastore Deposition Transcript (excerpt), # [5] Exhibit D - Young Deposition Transcript (excerpt), # [6] Exhibit E - Pastore ITC Deposition Transcript (excerpt), # [7] Exhibit F - NIKE0499373, # [8] Exhibit G - IPR2024-00460 Petition, # [9] Exhibit H - IPR2024-00460 Institution Decision).(Bowling, Aaron) (Entered: 12/30/2024)
12/20/24	Nike Inc v. Lululemon USA Inc 1:23-CV-00771 ( S.D. NY )	ORDER granting in part and denying in part [138] Motion to Preclude; granting in part and denying in part [146] Motion ; terminating [152] Motion for Summary Judgment; denying [154] Motion for Summary Judgment; denying [206] Motion for Summary Judgment; granting in part and denying in part [219] Motion to Preclude; granting in part and denying in part [220] Motion to Preclude; denying [230] Motion for Summary Judgment; denying [231] Motion for Summary Judgment. Nike's motion for partial summary judgment is DENIED. Lululemon's motion for summary judgment is DENIED. Lululemon's motion to exclude the testimony of Chris Pastore is GRANTED as to the toothpick test and testimony about "Flyknit technology," and otherwise DENIED. Nike's motion to exclude the testimony of David S. Brookstein is GRANTED as to opinions on non-infringement concerning "practicing the prior art and the modified toothpick test, and otherwise DENIED. Second, by December 30, 2024 at 5:00 PM, the parties should submit letters less than five pages each on construction of the phrase "surrounding textile structure." Third, in accordance with Paragraph 10 of the Court's Individual Practices for Civil Cases (available at https://nysd.uscourts.gov/hon-arun-subramanian): No later than February 3, 2025, at 5:00 PM, the parties shall email to the Court a PDF of the proposed joint pretrial order (described in Paragraph 10.A of the Court's Individual Practices). The proposed joint pretrial order should also be filed on ECF. No later than February 3, 2025, at 5:00 PM, each party shall file and serve all other required pretrial filings. This includes motions addressing any evidentiary issues or other matters that should be resolved in limine, joint requests to charge, joint proposed verdict forms, and joint proposed voir dire questions. No later than February 3, 2025, the parties shall provide to the Court an electronic copy of each exhibit sought to be admitted (with each filename corresponding to the relevant exhibit number e.g., "PX-1," "DX-1," etc.) on a flash drive. The parties shall also e-mail the Court a Microsoft Word document listing all exhibits sought to be admitted. The list shall contain four columns labeled as follows: (1) "Exhibit Number"; (2)"Description" (of the exhibit); (3) "Date Identified"; and (4) "Date Admitted." The parties shall complete the first two columns, but leave the third and fourth columns blank, to be filled in during trial. No later than February 12, 2025, at 5:00 PM, the parties shall file, if necessary, any opposition to any motion in limine; and any opposition to any legal argument in a pretrial memorandum. It is FURTHER ORDERED that counsel for all parties shall appear for a final pretrial conference on February 19, 2025, at 3:00 PM, in Courtroom 15A of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York. Unless the parties file a stipulation of dismissal or settlement, the parties should be prepared to go to trial as scheduled. The trial date will not be adjourned on account of a settlement in principle. The Clerk of Court is respectfully directed to terminate the motions at Dkt. 138, 146, 152, 154, 206, 219, 220, 230, and 231. SO ORDERED. (Signed by Judge Arun Subramanian on 12/20/2024) (sgz) (Entered: 12/20/2024) ORDER granting in part and denying in part [138] Motion to Preclude; granting in part and denying in part [146] Motion ; terminating [152] Motion for Summary Judgment; denying [154] Motion for Summary Judgment; denying [206] Motion for Summary Judgment; granting in part and denying in part [219] Motion to Preclude; granting in part and denying in part [220] Motion to Preclude; denying [230] Motion for Summary Judgment; denying [231] Motion for Summary Judgment. Nike's motion for partial summary judgment is DENIED. Lululemon's motion for summary judgment is DENIED. Lululemon's motion to exclude the testimony of Chris Pastore is GRANTED as to the toothpick test and testimony about "Flyknit technology," and otherwise DENIED. Nike's motion to exclude the testimony of David S. Brookstein is GRANTED as to opinions on non-infringement concerning "practicing the prior art and the modified toothpick test, and otherwise DENIED. Second, by December 30, 2024 at 5:00 PM, the parties should submit letters less than five pages each on construction of the phrase "surrounding textile structure." Third, in accordance with Paragraph 10 of the Court's Individual Practices for Civil Cases (available at https://nysd.uscourts.gov/hon-arun-subramanian): No later than February 3, 2025, at 5:00 PM, the parties shall email to the Court a PDF of the proposed joint pretrial order (described in Paragraph 10.A of the Court's Individual Practices). The proposed joint pretrial order should also be filed on ECF. No later than February 3, 2025, at 5:00 PM, each party shall file and serve all other required pretrial filings. This includes motions addressing any evidentiary issues or other matters that should be resolved in limine, joint requests to charge, joint proposed verdict forms, and joint proposed voir dire questions. No later than February 3, 2025, the parties shall provide to the Court an electronic copy of each exhibit sought to be admitted (with each filename corresponding to the relevant exhibit number e.g., "PX-1," "DX-1," etc.) on a flash drive. The parties shall also e-mail the Court a Microsoft Word document listing all exhibits sought to be admitted. The list shall contain four columns labeled as follows: (1) "Exhibit Number"; (2)"Description" (of the exhibit); (3) "Date Identified"; and (4) "Date Admitted." The parties shall complete the first two columns, but leave the third and fourth columns blank, to be filled in during trial. No later than February 12, 2025, at 5:00 PM, the parties shall file, if necessary, any opposition to any motion in limine; and any opposition to any legal argument in a pretrial memorandum. It is FURTHER ORDERED that counsel for all parties shall appear for a final pretrial conference on February 19, 2025, at 3:00 PM, in Courtroom 15A of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York. Unless the parties file a stipulation of dismissal or settlement, the parties should be prepared to go to trial as scheduled. The trial date will not be adjourned on account of a settlement in principle. The Clerk of Court is respectfully directed to terminate the motions at Dkt. 138, 146, 152, 154, 206, 219, 220, 230, and 231. SO ORDERED. (Signed by Judge Arun Subramanian on 12/20/2024) (sgz) (Entered: 12/20/2024)
12/20/24	Nike Inc v. Lululemon USA Inc 1:23-CV-00771 ( S.D. NY )	Set/Reset Deadlines: ( Responses due by 2/12/2025), Set/Reset Hearings:( Final Pretrial Conference set for 2/19/2025 at 03:00 PM in Courtroom 15A, 500 Pearl Street, New York, NY 10007 before Judge Arun Subramanian.) (sgz) (Entered: 12/20/2024)
12/19/24	Nike Inc v. Lululemon USA Inc 1:23-CV-00771 ( S.D. NY )	Minute Entry for proceedings held before Judge Arun Subramanian: Status Conference held on 12/19/2024. Michael Harris, Aaron Bowling, and Lindsey Staubach present for Plaintiff. Party representative Brian Fogarty also present. Ali Razai, Joe Jennings, and Brandon Smith present for Defendant. Party representative Kieram Moore also present. (Court Reporter Doug Colavito) (kh) (Entered: 12/19/2024)