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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!