Adidas Can Appeal PTAB Loss to Nike, Still Comes Up Short (1)

Adidas AG could appeal a failed challenge to two Nike Inc. patents at the Patent Trial and Appeal Board even though Nike hadn’t sued or threatened to sue in court, the Federal Circuit said Thursday.

Nike’s out-of-court accusations that Adidas’ Primeknit shoes infringed its Flyknit patents were enough to give Adidas standing to appeal the PTAB decision, the U.S. Court of Appeals for the Federal Circuit said.

However, Adidas couldn’t convince the appeals court that the board erred in upholding the patents.

Companies have had some trouble establishing standing at the Federal Circuit when preemptively challenging a rival’s patent in ...