New Balance faces historical patent infringement claims

Multinational sports footwear company New Balance has been named in a patent infringement lawsuit by a US company.

Acme IP Holdings filed its lawsuit at the US District Court for the Northern District of Illinois, Eastern Division on Friday, October 28.

The company claimed that New Balance had infringed two of its patents, US numbers 5,343,445 and 5,452,269, before they expired.

The ‘445 patent, titled “Athletic shoe with timing device”, was registered at the US Patent and Trademark Office (USPTO) by its inventor Eric Cherdak in August 1994. The ‘269 patent, with the same title, was registered at the USPTO in September 1995.

Both patents, according to the suit, cover products sold by New Balance. They have also been through expert reviews by the USPTO on three occasions.

In 2013, the ‘445 and ‘269 patents expired.

The suit argued that from 2010 to 2013, New Balance infringed the patents via products such as the New Balance N8 trainer kit.

According to the suit, the New Balance N8 product senses “when a shoe leaves the ground at a ‘toe off’ point in time and returns to the ground at a ‘heel strike’ point in time during at least one stride of a walking, jogging, or running regimen”.

Additionally, the company claimed that New Balance was liable for contributory, induced and direct infringement of its patents through its foot pod sensor products.

The foot pod sensor is attached to a tongue area of a person’s shoes, according to the suit.

Acme IP Holdings is asking for pre- and post-judgment interest, costs for bringing the suit and damages.