- Two of Nike’s Flyknit Patents Prevail – Adidas was unable to prove two of Nike’s Flyknit technology patents were unpatentable as obvious.
- Parts of Shoe Illumination Patent Invalidated – In Shoes by Firebug LLC v. Stride Rite Children’s Grp., LLC, the court affirmed the PTAB’s decision finding the claims obvious.
- Federal Circuit Issues Modifications to Building Access Order – Limited building access now allowed on a case-by-case basis.
Here’s the latest.
Nike Prevails in Latest Fight with Adidas Over Their Rival Knitted Footwear Technology
On Thursday, the Federal Circuit handed Nike a victory in connection with two patents for Nike’s Flyknit technology. This patent fight is the latest in a string of legal battles between Nike and Adidas since they introduced their respective knitted footwear ahead of the London Olympics in 2012. Nike, out of court, accused the Adidas’ Primeknit shoes of infringing its’ Flyknit patents, leading Adidas to appeal a prior PTAB decision. The Federal Circuit agreed with the PTAB’s decision that Adidas’ arguments did not demonstrate Nike’s patents were unpatentable as obvious.
For more information on this case, see our coverage.
Cancellation of Light-up Shoe Patent Claims Upheld on Appeal
Reported by Perry Cooper on bloomberglaw.com
In Shoes by Firebug LLC v. Stride Rite Children’s Grp., LLC, Stride Rite convinced the Federal Circuit that the patent office properly invalidated parts of Firebug’s patents on shoe illumination systems. The Federal Circuit agreed with the PTAB that the claims would have been obvious over prior art. The opinion focused on when the preamble of a patent claim is limiting, and the court here found the preamble to be limiting in only one of the patents, stating:
Whether the preamble is limiting matters because, if it is not, the scope of the claim is broader, but the claim is vulnerable to more potentially- invalidating prior art.
For more information on this case, see our coverage.
Notice of Modifications to Access Restrictions for the National Courts Building
The Federal Circuit and Court of Federal Claims have entered a joint order modifying prior administrative orders on building access. Starting June 29, 2020 building access remains limited, but requests for access will be handled on a case-by-case basis when submitted in writing at least 24 hours beforehand. These restrictions remain in effect until August 14, 2020, unless modified sooner.
The Federal Circuit provided a full administrative order and provides ongoing updates on the court’s COVID-19 information page.
For more information, see our coverage.