Skechers USA Inc. lost its administrative challenge to a Nike Inc. design patent.
The Patent Trial and Appeal Board said Skechers failed in its bid to kill Nike’s patent on a shoe sole, because Skechers failed to consider one of the design’s features.
The board’s final written decision June 28 is notable because Skechers had filed for an inter partes review, a procedure often used to challenge invention patents but rarely used against design patents.
Design patents cover the ornamental and nonfunctional designs on an item. In the case of Nike’s shoe sole, that means U.S. Patent No. D723,783 only ...