Utility Patents and the Sneaker Wars: Nike Alleges Infringement of Multi-Billion Dollar Technologies
On May 3, 2018, Nike sued Puma alleging infringement of seven utility patents related to its Flyknit, Air, and cleat assembly technologies1. In its complaint, Nike asserts that it has been “investing heavily in research, design and development” and that Puma has “forgone innovation and is instead using Nike’s technologies without permission.” While Nike has not shied away from asserting its patents against competitor products, this case is unusual in that Nike has asserted utility, not design patents. This is the first time Nike has asserted these utility patents, despite having been engaged in prior litigation regarding its Flyknit technology. (more…)