Adidas faces suit over football boot patents
Adidas is facing patent infringement claims over football boots that allow for more efficient transfer of “ball strike energy”.
In a lawsuit filed on May 6 at the US District Court for the District of Oregon, Adidas’ home state, East Texas Boot cited three patents that it claims are infringed by a range of Adidas shoes.
The patents cover a range of features, including a design that stiffens the toe box of the shoe and helps stabilise the foot. The allegedly infringing shoes include well-known Adidas brands such as the Adizero 5-Star 5.0 and parts of the X Ghosted range.
“[Adidas] knew that its actions, including, but not limited to any of the aforementioned soccer shoes, would induce, have induced, and will continue to induce infringement by its customers by continuing to sell, support, and instruct its customers on using the accused products, the suit claims.
East Texas Boot is seeking an award of damages and a permanent injunction blocking further sales of the allegedly infringing shoes.
Adidas has been involved in other high-profile patent litigation recently, including against its rival Nike. In March, the Patent Trial and Appeal Board (PTAB) cancelled redrafted claims of a Nike patent after an eight-year dispute with the Germany-based company.
Last June, meanwhile, the US Court of Appeals for the Federal Circuit upheld a victory for Nike in a dispute over the design of knitted sneakers.
In that case, Adidas had sought to invalidate Nike patents covering shoe design, but the Patent Trial and Appeal Board (PTAB) ruled Adidas had failed to prove the obviousness of the patents.
The Federal Circuit agreed, concluding the PTAB’s analysis was backed up by substantial evidence. The case was notable for expanding on the case law around when parties can appeal decisions from the PTAB. Nike had argued Adidas wasn’t entitled to appeal the PTAB’s findings at all since it had never sued or threatened to sue Adidas for infringement of the patents.
But the appeals court allowed Adidas’ appeal, citing previous litigation between the parties as well as a Nike infringement suit against another retailer over shoes similar to those sold by Adidas.
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