Nike Misconduct Merits New IP Trial: Inventor To Fed Circ.

Law360, Washington (July 6, 2011, 4:16 PM EDT) -- An inventor told the Federal Circuit on Wednesday that due to Nike Inc.'s litigation misconduct he is entitled to a new trial on allegations that the sportswear giant infringed a patent, while Nike argued he should not have been awarded attorneys' fees.

In January 2010, although a jury concluded that Nike did not infringe Gerald Kellogg's patent for a vented baseball cap, a Nebraska federal judge ordered the company to pay the plaintiff more than $400,000 in attorneys' fees because of litigation misconduct by Nike during...
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