Skip to Content



Two of the premier athletic and lifestyle brands on the planet — “athleisure” wear retailer Lululemon and exercise equipment maker Peloton — are locking horns over product designs, and that fight has now spilled over into court. In early November, Lululemon sent a cease-and-desist letter to Peloton stating that it would sue Peloton unless Peloton stopped selling “copy-cat” Lululemon products. On November 29, Lululemon made good on its promise, suing Peloton for patent infringement and arguing that the designs for some of its leggings and sports bras infringed six of Lululemon’s design patents. Brush up on the case with the help of an Alabama intellectual property lawyer below. 


Patent infringement, broadly speaking, occurs where a party makes, sells, uses, offers to sell, or imports into the United States a product that is covered by a patent. Such actions can cause significant economic loss to the holder of the patent at issue because it deprives him or her of the opportunity to license the patent and to receive the profits from selling the product at issue. The purpose of a patent infringement lawsuit for the plaintiff, therefore, is to recover those losses in court through a damages award. There are several types of damages available in patent infringement actions, but the most common are reasonable royalties and lost profits, as an Alabama patent litigation attorney explains. 


Let’s say that you’ve developed what you think is a great new product. You’ve been keeping an eye on industry trends and positioning yourself for success for your next big launch. Your R&D department has spent countless hours and resources developing, testing, and refining the product, and has finally produced an ideal embodiment. And, even better, you have a pending patent application on it or even an issued patent. You’re ready to hit the market, right? Not so fast. Before launching a product, you still need to ensure that you have the freedom to operate, which an Alabama patent search attorney can help you to determine. 


Suppose that you have come up with a great idea for a new invention that, to your knowledge, is not currently sold in the market. Since you’ve never seen this kind of invention before, you likely assume that you will easily be able to patent it. However, the requirements of patentability are not quite so simple. Generally, inventions must be new, useful, and non-obvious in order to be patentable. While the “utility” element of patentability is easily met in most cases, the novelty and non-obviousness requirements are a bit more complex. Below, an Alabama patent attorney provides a high-level overview of what a patent applicant must show to obtain a patent from the United States Patent and Trademark Office (USPTO). 


Being sued for patent infringement can be a frightening process. Patent litigation can take a significant toll on a business and result in thousands or even millions of dollars in damages. Even if you did the most diligent patent searching and determined that your product does not infringe anyone else’s patent, you still may have missed something, or perhaps your product infringes only a portion of someone else’s patent. If you are sued for patent infringement, you need to be prepared to defend yourself from the allegations using one or more defenses to patent infringement. An Alabama patent litigation attorney goes over the major ones below.