Fed. Circ. Double confirms PTAB axis returned from Nike Shoe IP

By Britain Eakin (September 1, 2022, 5:25 p.m. EDT) — The Federal Circuit capped Adidas AG’s long-running effort to kill a Nike shoe stitching patent with a win on Thursday, handing down a third and final ruling in the case upholding a decision of the Patent Trial and Appeal Board that Nike’s proposed amended claim is invalid.

In a landmark opinion, a three-judge panel said the PTAB’s decision that the amended claim was obvious is supported by substantial evidence, and it rejected Nike’s argument that the board improperly imposed the burden of persuasion. The Federal Circuit ruling ends the inter partes review, which Adidas first filed in 2012, and ties up a…

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Darryl A. Chapin