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7 November 2023PatentsMarisa Woutersen

Nike hits more competitors with Flyknit lawsuits

Sportswear giant sues over infringement of its “revolutionary” shoe technology | Accuses major rivals of infringing nine patents relating to shoe manufacturing methods | Follows previous legal action against Puma, Adidas, and Lululemon.

Nike has filed complaints against New Balance Athletics and Skechers alleging patent infringement related to Nike's “groundbreaking” Flyknit technology.

According to the New Balance complaint, filed yesterday in the  US District Court for the District of Massachusetts, Nike had initially sent letters to New Balance outlining its infringement claims and demanding that it cease its allegedly infringing activities.

Despite these alleged communications, New Balance continued its infringing actions including launching new and additional knit footwear styles, said Nike.

The  Skechers complaint, filed in the US District Court for the Central District of California, accused Skechers of infringing six patents related to its Flyknit technology within Skechers footwear products such as the Arch Fit range.

The disputes revolves around Nike's Flyknit technology, protected by a series of patents, including US patent numbers: 8,266,749; 8,898,932; 9,060,562; 9,510,636; 9,730,484; 9,907,350; 9,918,511; 9,924,758; and 11,707,105.

Flyknit technology is, according to the company, a revolutionary method of designing and manufacturing shoe uppers.

In the complaints, Nike described it as “the most groundbreaking sneaker innovation in over 40 years”.

The claims in the suits include methods for manufacturing footwear with various knitted elements and specific characteristics in the upper and sole structure.

New Balance's products that are accused of infringing the nine patents include a range of footwear, such as the Fresh Foam range.

Nike has previously faced patent infringement lawsuits related to this technology with brands such as Puma, Adidas, and Lululemon.

Nike is seeking various forms of relief, including damages and injunctive relief.

The counsel for Nike includes Fred Kelly, Christopher Renk, Michael Harris, Aaron Bowling, Lindsey Staubach, Kathleen Duffy, and Miranda Hallett from Arnold & Porter Kaye Scholer.

The counsel for New Balance and Skechers has not yet appeared.

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