PTAB Upholds Nike Sole IP In Rare Design Patent Review

Law360 (June 28, 2018, 8:22 PM EDT) -- The Patent Trial and Appeal Board on Thursday not only entered a relatively rare decision in an America Invents Act case involving design patents, it upheld the validity of the disputed patent claims — covering Nike sneaker soles — in an even rarer occurrence.

The PTAB determined that Skechers USA Inc. failed to establish that any designs that preceded the two Nike Inc. patents at issue, which cover “ornamental features” found on the side and bottom surfaces of sneaker soles, would have made them obvious to an ordinarily skilled designer.

Skechers also did not meet its burden of establishing that the...

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