Justices Say Arthrex Can't Help Adidas After Failed Nike IPR

Law360 (February 22, 2021, 10:20 PM EST) -- No matter what happens in an upcoming U.S. Supreme Court case on the constitutionality of the Patent Trial and Appeal Board, Adidas cannot get another shot at invalidating Nike's patents on knitted sneaker technology that the board previously upheld, the justices ruled Monday.

The high court declined to review a petition from Adidas that claimed that if the justices rule in U.S. v. Arthrex, which is set for argument on March 1, that the way the PTAB's administrative patent judges are appointed is unconstitutional, the board's inter partes review decision that Adidas failed to show that Nike's patents are invalid cannot...

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