Nike

News & Analysis as of

Federal Circuit Remands PTAB’s Denial of Motion to Amend in IPR - Nike, Inc. v. Adidas AG

Addressing a decision by the Patent Trial and Appeal Board (PTAB or Board) denying a motion to amend claims under inter partes review (IPR), the US Court of Appeals for the Federal Circuit remanded the matter to the Board for...more

Your daily dose of financial news The Brief – 3.17.16

As expected, the Fed kept interest rates at current levels and “once again pared its plans for raising interest rates, citing the weakness of the global economy as a reason for greater caution about the prospects for domestic...more

Three Point Shot - February 2016

Copyright Suit Alleges Huckabee Campaign Lacks "Eye of the Tiger" - Mike Huckabee's poor performance in the Iowa caucuses – leading to his subsequent withdrawal from the race – isn't his only concern lately....more

Battle Between Sneaker Makers Nike and Adidas Will Go Another Round

The Court of Appeals for the Federal Circuit decided an appeal earlier this month in a long-running battle between footwear manufacturers Nike and Adidas that gives Patent Owner Nike a partial (and perhaps fleeting) victory....more

Athletic Shoe Lawsuits are Off and Running

Sneakers have been around for a very long time – at least since the late 1800’s. The first patent for a rubber heel for shoes was granted in 1899, and the first patent for “athletic shoes” issued in 1921, although it related...more

Federal Circuit Provides Guidance on Motions to Amend in IPR

In Nike v. Adidas, the Federal Circuit today gave patent owners in IPR the beginnings of a roadmap for how to successfully amend claims in an IPR. Readers of this blog will know by now that the PTAB rarely grants motions to...more

Substituting Claims During IPRs: Nike v. Adidas May Give Patent Owners Renewed Hope

Patent owners continue to express frustration at the inability to amend claims during inter partes review proceedings (IPRs). IPRs are patent validity challenges conducted at the U.S. Patent Office’s Patent Trial and Appeals...more

CAFC Partially Relaxes IdleFree Requirements for Amendments During IPR

On February 11, 2016, in Nike v. Adidas (Fed. Cir. 2016), the Federal Circuit partially relaxed the hurdle for a patent owner to amend claims during an IPR or other AIA proceeding. This follows the PTAB’s own earlier partial...more

Where We’re Going, We Don’t Need Ads

Where are we going? The future. Well, 1985’s future, as predicted in 1989. And technically, it’s not the future anymore; it’s the present (and soon, the past). You see, in the movie series Back to the Future, today, October...more

Back to the Future – The DeLorean Trademark Saga Continues

"Doc…are you telling me you built a time machine out of a Delorean?" We all know about the iconic gull-wing DeLorean Motor Company (DMC) car made famous in the Back to the Future trilogy starring Michael J. Fox and...more

Air Jordan Grounded in China

Michael Jordan is considered by many to be the greatest basketball player of all time. Beyond his five MVP trophies and six NBA championship rings, however Jordan also was the one of the most widely marketed athletic...more

Trade Secret Legislation Reintroduced in Congress (3rd Time)

Maybe the third time is the charm. After trying twice before, Congress is making another run at creating a federal claim for trade secret misappropriation. A bipartisan group of legislators from both congressional chambers,...more

“Just Do It” – Nike Convinces Court to Dismiss Plaintiff’s Discrimination Claims Brought On Its Own Turf

In Ranza v. Nike (9th Cir. 13-35251), published July 16, 2015, the Ninth Circuit upheld the dismissal of plaintiff’s claim for sex and age discrimination under the doctrine of forum non conveniens (“inconvenient forum”). The...more

Three Point Shot - June 2015

Jockeying for Dollars: Kentucky Downs Faces Two Lawsuits over Betting Machines - And they're off ... to the United States District Court for the Western District of Kentucky. One of the country's premier racetracks,...more

Two Sides of A Global Corruption Investigation at Anti-Corruption Oslo

This is the second part of my interview with Robert (“Bob”) Appleton, which is timely given our question and answer session at the upcoming Anti-Corruption Conference, Oslo, where we will engage in an interview titled...more

Fear the Brow, or Fear the Trademark Specimen?

Celebrity has its advantages. Slogans and taglines are big business in professional sports, which in turn has led to some entertaining trademark applications: JOHNNY FOOTBALL and LINSANITY, to name a couple. As Martha noted...more

Three Point Shot - February 2015

Will Johnny Be Good, or Will Name Games Go up in Flames? Johnny Gaudreau, left wing for the Calgary Flames, is attempting to high-stick potential interlopers by locking up rights to his now-popularized nickname – Johnny...more

Swiping from the Swoosh: Nike sues former shoe designers for trade secret theft

Nike recently sued three of its former shoe designers who defected to Adidas, claiming the trio brought trade secrets with them, including Nike’s strategic development plans, design drawings, and other information “tied” to...more

Switcheroo

Long suffering Vikings fans–a population of which I am a proud/depressed member–received emotionally confusing news earlier this week. Adrian Peterson, scourge of the NFL, pled out of his felony child abuse case for a lesser...more

2014 IP Record Shows Continued Growth for Design Patent Filings [Video]

Tracy-Gene G. Durkin, director at the intellectual property law firm Sterne, Kessler, Goldstein & Fox, P.L.L.C., examines data and trends from the Intellectual Property Owners Association's 2014 IP Record. Ms. Durkin...more

Three Point Shot - June 2014

Federal Circuit Leaves Cobra Golf Co. in the Rough - It's dormie. On Eighteen. You're in great shape, having hit a solid drive, leaving yourself a fairway lie and a mid-iron into a back-right Sunday pin. Feeling good...more

Keeping Score at the PTAB

Motorola v. Mobile Scanning; Adidas v. Nike; Berk-Tek v. Belden; Munchkin, Inc. v. Luv N' Care, Ltd. - In the final written decisions of five inter partes reviews (IPRs) the Patent Trial and Appeal Board (PTAB)...more

Swoosh & Striped Shoes?

A little over a year ago, I pondered about whether anyone might be confused into believing Nike and Adidas had teamed up, given this shoe display...more

Shoe Wars Reach PTAB as Inter Partes Review Brought by Adidas is Granted Against Nike Patent

Challenging a patent of a major industry rival, Adidas was able to get all 46 challenged claims of a Nike patent into a trial for inter partes review in a case styled as Adidas AG v. Nike, Inc. (IPR2013-00067), involving U.S....more

Having “Just Ship It” Reluctance?

Seth Godin – famous for inspiring those who create to “shipit” — took the opportunity yesterday to respond to those who contend he encourages others to “just ship it.”...more

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