It IS a knock-off economy, and everyone copies someone. Target carries shoes that are identical to Born (or they used to - and what a brand to copy!), there are truly fake (label and everything) bags on every corner, and ALL stores carry some version of what was seen on runways (colours, styles, hem lengths, etc.). Realistically, why would Target be selling mico-mini skirts and bell bottoms if the trend is midis and skinny legs, KWIM?
But patent laws can be insane. Christian Louboutin was successfully able to patent red soles, despite the fact that designers had done it before him, and despite the fact that it could be considered an essential design element for some shoes (say, an all-red shoe). But patenting a colour and a location? Please. Ridiculous.
I agree with Mo that I was puzzled by the overlapping bands of different colours on yoga pants years ago, and I had never heard to Lululemon before. Their company certainly didn't originate the idea. I hope people come to their senses and don't allow this lawsuit to win. I understand protecting intellectual property, but this was not an idea original to Lululemon. MOST fashions aren't originated by any modern designer because there are only so many ways one can put fabric and colour on a body. It has ALL been done before.