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31 January 2023PatentsMuireann Bolger

Nike sues Canadian rival over patented ‘Flyknit’ tech

German sportswear brand previously sued Adidas over same tech that made its debut during 2012 Olympics | Feud involves the method of knitting a textile to an item of footwear.

Nike has sued Lululemon claiming that the Canadian athletic apparel brand infringed its patented Flyknit technology for footwear products.

The lawsuit, filed at the US District Court for the Southern District of New York yesterday, January 30, concerns a trio of patents—US patent numbers 8,266,749; 9,375,046; and 9,730,484.

The patents cover a method of knitting a textile to an item of footwear that features in Nike’s blockbuster Flyknit collection, which made its debut at the London 2012 Olympic Games.

According to the complaint, Lululemon’s products infringe claims of the asserted patents through the sale, marketing and distribution of footwear products, including the Chargefeel Mid, Chargefeel Low, Blissfeel, and Strongfeel brands.

Context of dispute

The complaint outlines how the ‘749 patent concerns a method of manufacturing an article of footwear with a textile element, where the textile element is simultaneously knitted with a surrounding textile structure that has a different texture.

Nike contends that the Lululemon’s products apply the exact same methodology.

Further, the German sportswear giant points to the ‘046 patent, which is “generally directed to an article with a textile element containing a plurality of webbed areas and tubular structures that are adjacent to each other and configured to stretch to move the webbed areas from a neutral position to an extended position when force is applied”.

Nike alleges that Lululemon’s Chargefeel Mid infringes the ‘046 patent by similarly comprising a plurality of webbed areas in which “at least one of the webbed areas or tubular structures is configured to stretch to move the webbed areas to the extended position in response to a force applied…”

Nike also contends that the ’484 patent covers footwear with an upper part including “a flat-knitted element with a central portion having a domed, three-dimensional structure configured for extending over the top of a foot and that extends above the plane of a first and second side portion when in a flattened configuration”.

Lululemon’s Chargefeel Mid infringes the ‘484 patent, as it also consists of an upper part that includes a flat-knitted element formed from at least one yarn mechanically manipulated in a flat knitting process, argues the filing.

This element of Lululeomn’s product, adds Nike, has a central portion with a “domed, three-dimensional structure shaped to extend above the plane of the first side portion and the second side portion when the flat-knitted element is in a flattened configuration”.

Other lawsuits

This isn’t the first time the two brands have sparred over patented technology.

Last year, Nike sued Lululemon, alleging that its Home Mirror Gym—a display that discreetly fits into the surroundings of a home with the appearance of an ordinary wall mirror—infringed six of its patents.

And its flyknit technology has also been the subject of another high-profile dispute. In December 2021, Nike  filed a complaint with the US International Trade Commission in Washington accusing Adidas of copying the patented trainer technology.

More recently, Nike sued Japanese fashion brand Bape, also known as A Bathing Ape, for selling trainers that allegedly ripped off  three of its most iconic shoes—the Air Force 1, Air Jordan 1 and Dunk.

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