Intellectual Property Law: Counseling, Licensing, Litigation & Procurement

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Adidas AG v. NIKE, Inc.

Adidas AG v. NIKE, Inc. Nos. IPR2016-00921 and IPR2016-00922, at the USPTO Patent Trial and Appeal Board.

Banner & Witcoff represented client NIKE in inter partes reviews brought by adidas against two NIKE patents related to its FLYKNIT technology. The Patent Trial and Appeal Board concluded on Oct. 19, 2017, that, based on the arguments and evidence the parties presented, adidas failed to demonstrate the prior art rendered obvious any of NIKE’s patent claims. More specifically, the PTAB agreed with NIKE that adidas failed to prove why and how a person of ordinary skill in the art would combine the teachings of the prior art to achieve NIKE’s claimed inventions. The PTAB also agreed with NIKE that combining the teachings of the prior art would render the prior art inoperable for its intended purpose and, thus, the prior art could not be combined to achieve NIKE’s claimed inventions.

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