Fed. Circ. Affirms Nike, Adidas Don't Infringe Sole Patent

By Lauren Berg (July 16, 2020, 10:21 PM EDT) -- The Federal Circuit on Thursday upheld a North Carolina federal court's ruling that Nike Inc. and Adidas America Inc. don't infringe an Akeva patent covering improvements to athletic shoe soles, agreeing that the patent doesn't cover athletic shoes with conventional soles.

In a 15-page opinion, penned by U.S. Circuit Judge Raymond T. Chen, the three-judge panel agreed with the district court's decision to grant the shoe companies summary judgment of no infringement for U.S. Patent No. 5,560,126 and finding claims of other patents to be invalid as anticipated.

The '126 patent describes the problem of rear sole wear, in which the...

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