Knitted trainers a sign of the future

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Knitted trainers a sign of the future

Case of the Year 2012: Nike v Adidas

flyknit.jpg

Sportswear manufacturers own a lot of patents, but rarely sue each other. "It's just like the car industry here," says a German patent lawyer. "Generally they cross-license, settle or learn to live with the infringement. It is not litigious." A case between Nike and adidas might see that change in the sportswear industry. Both companies sell a shoe made with a knitted upper part to it – to increase flexibility and reduce the number of seams needed. Nike introduced its first, the Flyknit, at the beginning of 2012 and adidas followed a few months later with the Primeknit.

Nike sued adidas in Germany for infringing a European patent covering the knitting process (which involves melting the polymer material slightly), and won an ex parte injunction in September. That was lifted the following month, though Nike says it will continue with the case.

As sportswear companies begin to include more technology in their products – including innovative materials, chemical compounds and apps that analyse your workout – this could prove to be the first battle in a long patent war.

This case was selected as one of Managing IP’s Cases of the Year for 2012.

To see the rest, click on one of the cases below.

The 10 cases of the year

A fillip for the EU pharmaceutical sector

Relief for trade mark owners in red sole saga

Australian TV streaming service held to be illegal

Smartphone war hits front page in the US

Liberalising the EU’s software market

India allows parallel imports

Victory for fair dealing in Canada

Lacoste loses its trade mark in China

Google prevails in Android attack

EU test case clarifies class headings

Ten you might have missed

Canada: Ambiguous claims can invalidate patents

Russia: Certainty on parallel imports

Italy: TV formats win copyright for the first time

First FRAND cases litigated worldwide

Monsanto loses in Brazil

Data exclusivity backed by Mexican courts

China: A shift over OEM manufacturing

Authors in the US able to reclaim joint copyrights

Germany: Knitted trainers a sign of the future

India: Financial Times loses trade mark

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