News & Analysis as of

Patent Litigation Nike Patent Infringement

Jones Day

Skechers IPR Still Kicking After Director Review

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In a Director Review, the Acting Director reversed a panel decision to discretionarily deny an IPR under § 325(d). The Acting Director held that the PTAB’s own findings in two previous IPRs sufficiently proved Examiner error...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions: Adidas AG v. Nike, Inc., 963 F.3d 1355 (Fed. Cir....

Adidas petitioned for inter partes reviews (IPR) of two Nike patents. The Patent Trial and Appeal Board concluded that Adidas had not met its burden to show that the challenged claims in Nike’s patents were obvious. Adidas...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions

[co-author: Kathleen Wills] Last year, the global COVID-19 pandemic created unprecedented challenges for American courts. By making several changes, however, the U.S. Court of Appeals for the Federal Circuit was able to...more

Mintz - Intellectual Property Viewpoints

No Pleading, No Problem: Court Denies Motion to Dismiss and Bifurcates Willful Infringement Determination, in Absence of...

Recently in Nike, Inc. v. Skechers U.S.A., Inc., 2:17-cv-08509 (C.D. Cal.) (October 26, 2020), the U.S. District Court for the Central District of California granted-in-part and denied-in-part Defendant, Skechers U.S.A.,...more

McDonnell Boehnen Hulbert & Berghoff LLP

Adidas AG v. Nike, Inc. (Fed. Cir. 2020)

Although the Federal Circuit faced obviousness issues that were simple to resolve in Adidas AG v. Nike, Inc., it saw an opportunity to continue to clarify its jurisprudence regarding standing on appeal from an adverse final...more

Knobbe Martens

No Specific Threat of Infringement Litigation Needed to Establish Standing for IPR Appeal

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ADIDAS AG v. NIKE, INC. Before Moore, Taranto, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: A patent challenger can establish standing to appeal a final written decision in an IPR by showing that...more

Knobbe Martens

Federal Circuit Review - August 2018

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The Board’s Final Written Decision Must Address All Grounds for Unpatentability Raised in a Petition for Inter Partes Review - In Adidas AG v. Nike, Inc., Appeal Nos. 2018-1180, 2018-1181, the Federal Circuit held that...more

WilmerHale

Federal Circuit Patent Updates - July 2018

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Biodelivery Sciences Intl. v. Aquestive Therapeutics, Inc. (No. 2017-1265, -1266, -1268, 7/31/18) (Newman, Lourie, Reyna) - Newman, J. Remanding IPRs so the Board can consider non-instituted claims and grounds per the...more

White and Williams LLP

Utility Patents and the Sneaker Wars: Nike Alleges Infringement of Multi-Billion Dollar Technologies

White and Williams LLP on

On May 3, 2018, Nike sued Puma alleging infringement of seven utility patents related to its Flyknit, Air, and cleat assembly technologies1. In its complaint, Nike asserts that it has been “investing heavily in research,...more

Foley & Lardner LLP

Athletic Shoe Lawsuits are Off and Running

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Sneakers have been around for a very long time – at least since the late 1800’s. The first patent for a rubber heel for shoes was granted in 1899, and the first patent for “athletic shoes” issued in 1921, although it related...more

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