Cocona, Inc. v. Columbia Sportswear Company

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior Judge Christine M. Arguello
Civil Action No.16-cv-02703-CMA-SBP (consolidated for pretrial purposes with Civil
Action No. 17-cv-01195-CMA-SBP, Cocona, Inc. v. Columbia Sportswear Company)
COCONA, INC., a Delaware corporation,
Plaintiff,
v.
VF OUTDOOR, LLC, a Delaware limited liability company,
Defendant.
ORDER
This patent infringement matter is before the Court on Plaintiff’s Response to
Order to Show Cause. (Doc. # 181.)
The Court has determined it does not have jurisdiction over the unasserted
claims in this matter. (Doc. # 180.) See Ameranth, Inc. v. Dominos Pizza, LLC, 792 F.
App'x 780, 784-85 (Fed. Cir. 2019) (finding no subject matter jurisdiction to determine
the validity of claims that were not asserted in the pleadings and did not appear in the
plaintiff’s infringement contentions).
In the Response to Order to Show Cause, Plaintiff agrees that judgment may
enter in favor of Defendants on the grounds that the asserted claims are invalid, as
found by the Court in its Amended Order on Claim Construction (ECF No. 17).
Case No. 1:17-cv-01195-CMA-SBP Document 65 filed 02/05/25 USDC Colorado
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Accordingly, the Clerk is directed to enter judgment in favor of Defendants VF
Outdoor, LLC, and Columbia Sportswear Company, and against Plaintiff pursuant to the
Amended Order on Claim Construction (ECF No. 176) only on the asserted claims in
these matters.
DATED: February 5, 2025
BY THE COURT:
_____________________________
CHRISTINE M. ARGUELLO
Senior United States District Judge
Case No. 1:17-cv-01195-CMA-SBP Document 65 filed 02/05/25 USDC Colorado
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