As a result, the court invalidated Nike’s patent, holding that its design process failed to meet the novelty element required for patentability, thereby stripping Nike of the right to continue to pursue adidas for patent Nike Air Huarache Femme infringement. The ruling also meant that adidas could legally manufacture its own shoes bearing knitted elements in Germany.
But the battle of the titans was far from over.
By the end of 2012, both Nike and adidas had begun selling their respective knitted footwear in the U.S. Almost certainly expecting Nike to inevitably file Nike Air VaporMax Femme a similar patent infringement lawsuit in the U.S. (where its Flyknit-related patents were still valid and in effect) to prevent it from continuing to sell its knitted shoes stateside, adidas decided to take legal action of its own.
Looking to hit Nike Nike Air Max 90 Femme Rose where it would hurt the most, adidas sought to invalidate a number of Nike’s Flyknit-related patents, asking the U.S. Patent Trial and Appeal Board (“PTAB”) to review at least four of Nike’s U.S. patents for the Flyknit design and technology.
In one such matter, which is still currently pending in light of a back-and-forth Nike Roshe Run Femme legal battle, adidas argued that one of Nike’s U.S. patents for the Flyknit design (patent no. 7,347, 11) is invalid, as similar methods have been set forth in others’ patents, including one that was filed in 1991 for a process to create uppers that are cut from a web of Nike Air Max 2015 Femmetextile material and then shaped and connected to a sole.
After suffering a loss before the PTAB, Nike filed a 118-page appeal before the U.S. Court of Appeals for the Federal Circuit in 2014, arguing that it, in fact, “invented” the “novel” knitted technology, that the knit is recognized as a “quantum leap in the field.” (Note: The Federal Circuit Court would end up sending the matter back to the PTAB to determine whether the Flyknit would be considered patentable; siding with Nike in October 2017, the PTAB upheld its patent. Unsatisfied, adidas has since filed an appeal of its own with the Federal Court of Nike Air Max 95 Femme Appeals).
Just as Nike was preparing to file its appeal in Nike Air Max 90 Femme Noir 2014, another striking battle erupted between the two giants, one that offered a remarkably telling peek into the true depth of the rivalry between Nike and adidas.In December 2014, Nike filed an explosive $10 million-plus lawsuit against three of its former top design directors, claiming that, together, they conspired to steal millions of dollars’ worth of confidential information from Nike after being lured to adidas, where they would help create a brand-new Brooklyn-based design studio to truly rival Nike’s top-secret Innovation Kitchen.
In its 50-page complaint, Nike alleged that Denis Dekovic, Marc Dolce and Mark Miner had jumped ship to adidas in violation of their explicit non-compete agreements, taking with them a "treasure trove" of Nike’s “most important and highly confidential” information, which was procured, in part, to Nike Air Max Command Womens the defendants allegedly faking a broken Nike Epic React Flyknit Womens Nike-owned laptop, from which all of the contents were copied. To seal the deal, Dekovic, Dolce, and Miner allegedly scrubbed their e-mails and text messages which, Nike’s counsel argued, served to obstruct the availability of “evidence of their betrayals.”