Fed. Circ. USPTO grills on twice-returned Nike IP ax

By Britain Eakin (August 1, 2022, 9:49 p.m. EDT) – A Federal Circuit panel asked a lawyer for the U.S. Patent and Trademark Office on Monday whether the Patent Trial and Appeal Board had committed a error in a twice-returned final decision that again declared Nike’s shoe stitching patent invalid in a long-running dispute with Adidas AG.

The questioning took place during a hearing on Nike’s third appeal of the 2012 inter partes examination of the patent, which involves knitting techniques for the upper parts of the shoe. Nike argued that the PTAB violated federal law and flouted Federal Circuit precedent by letting Adidas off the hook for bearing the burden of persuading that an amended request…

Stay one step ahead

In the legal profession, information is the key to success. You need to know what’s going on with customers, competitors, practice areas and industries. Law360 provides the intelligence you need to stay an expert and beat the competition.

  • Access to case data in articles (numbers, filings, courts, nature of lawsuits, etc.)
  • Access to attached documents such as briefs, motions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and more!

TRY LAW360 FREE FOR SEVEN DAYS

Darryl A. Chapin