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Nike Defeats Adidas in Long Running Patent Battle

Nike has come out on top in the latest leg of a long-running web of legal battles with adidas over their respective knitted footwear. After beating out the German sportswear giant before the Patent Trial and Appeal Board (“PTAB”) in connection with its quest to invalidate a number of claims in two patents for Nike’s heavily-protected Flyknit technology, Nike has been handed a victory from the U.S. Court of Appeals for the Federal Circuit. 

A 3-judge panel for the Federal Circuit determined that while adidas does, in fact, have standing to appeal the PTAB’s earlier inter partes review (“IPR”) decision, in which it held that adidas “had not demonstrated that the challenged claims [in Nike’s patents] are unpatentable as obvious,” the court also held that that PTAB did not err in ultimately siding with Nike as to the patentability of its claims, both of which center on the method for making the knitted body of Nike’s Flyknit footwear. 

In a decision dated June 25, Judge Moore of the Federal Circuit affirmed the PTAB’s previous determination that “adidas had not demonstrated that the challenged claims [in two of Nike’s Flyknit-specific patents, 7,814,598 and 8,266,749] are unpatentable as obvious,” thereby, enabling Nike to walk away from the proceeding with both of its patents intact. 

Read the source article at The Fashion Law

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