Positive direct gaps can coexist with band overlap ($E_2(\mathbf{k})-E_1(\mathbf{k})>0\nRightarrow \min E_2-\max E_1>0$)

A direct band gap compares two energy bands at the same crystal momentum. A global gap instead requires the lowest energy of the upper band to exceed the highest energy of the lower band, allowing the two extrema to occur at different momenta. For example, the periodic toy bands $E_1(k)=A\cos k$ and $E_2(k)=A\cos k+\delta$, with $A>0$ and $0<\delta <2A$, have positive direct separation $\delta$ everywhere but global overlap $2A-\delta$. A positive direct splitting at each Brillouin zone boundary therefore does not alone establish an insulating filled band. At a suitable electron count the overlap can produce both electron and hole pockets.