PTAB Denial Of Nike Shoe Patent Amendment Prompts Debate

By Matthew Bultman (September 19, 2018, 9:21 PM EDT) -- The Patent Trial and Appeal Board has once again refused to allow Nike Inc. to amend a footwear patent that was challenged by rival Adidas AG, in a decision Tuesday that prompted a debate among judges about the standard for determining what is a reasonable number of substitute claims.

In a decision on remand, the PTAB denied Nike's request to amend the patent after finding the proposed substitute claims were obvious. The decision in inter partes review comes more than two years after the Federal Circuit ordered the board to take another look at Nike's evidence.

"Having considered the entirety of...

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