Nike, Adidas Patent Win Stands as Supreme Court Passes on Review

The U.S. Supreme Court declined to resolve an alleged internal conflict among Federal Circuit decisions about the proper standard for interpreting patent terms in a dispute involving Nike Inc. and Adidas America Inc.

The U.S. Court of Appeals for the Federal Circuit held in July that Nike, Adidas, and other shoe companies didn’t infringe Akeva LLC’s patents because they didn’t cover footwear with conventional soles.

The Federal Circuit applies two conflicting sets of precedents on claim construction, and that has created uncertainty for litigants, Akeva said in its petition for review.

The case is Akeva LLC v. Nike, Inc., U.S., No. 20-863, review denied 2/22/21