Get a Kick Out of This
Nike filed two patent infringement lawsuits on November 6, one against New Balance in the U.S. District Court of Massachusetts and another against Skechers in the U.S. District Court for the Central District of California, concerning its Flyknit shoewear technology. Nike sued multiple other global brands such as Puma, Adidas, and Lululemon regarding this same technology in the past five years.
Nike, the athletic footwear and apparel corporation, accused two prominent players in the footwear industry, New Balance and Skechers, of infringing on patent rights of Nike’s specialized FlyKnit technology created to make upper portions of its sneakers. Nike alleges that New Balance's Fresh Foam, FuelCell, and other product lines, as well as Sketchers' Ultra Flex, Glide Step, and other shoes, infringed upon its patents.
Nike previously engaged in legal disputes to defend its Flyknit technology against other athletic and sportswear companies. In January of this year, Nike sued Lululemon, claiming “economic harm and irreparable injury” because Lululemon stole its Flyknit technology for use in some sneakers in its footwear line. The legal battle between the two companies is still pending.
So, what exactly is Flyknit technology? According to Nike’s website, the Nike Flyknit technology leverages robust fibers to craft airy uppers featuring specific zones for support, flexibility, and breathability. This innovative material comprises durable, yet light yarn strands intricately woven into a seamless upper, providing secure foot lockdown onto the shoe base. Diverse knit patterns within the Flyknit construction cater to distinct foot needs: some areas boast a denser weave for enhanced support, while others prioritize flexibility and airflow.
Nike researched for ten years to find the best technology to revolutionize the footwear industry and was able to first introduce Flyknit technology to the world in 2012. Nike owns Flyknit technology through more than 300 patents. These patents represent years of research, development, and investment aimed at elevating athletic performance and comfort for consumers worldwide.
In this most recent lawsuit filed on November 6, Nike seeks injunctions to prevent future patent infringements by New Balance and Skechers, coupled with an unspecified amount in damages. Nike continuously pursues legal action against some of its most high-performing competitors for allegedly using its patented technology. Nike does this to prevent these companies from using technology that will make its own products more appealing or desirable. According to the 2022 revenues of major shoe brands in the United States, Nike ranks at number one, while Sketchers and New Balance trail at number four and five.
In the past, Nike sued Adidas regarding patent infringement of its Flyknit technology, which resulted in an undisclosed settlement agreement. Nike’s unwavering pursuit of patent litigation of unlicensed use of its patented Flyknit technology will discourage brands from using the same technology, as such use will certainly come with substantial financial losses.
Nike's track record of safeguarding its patents and the substantial research and development supporting its innovations may bolster its market position as a leader in sportswear technology. Sketchers has yet to respond to the lawsuit, but New Balance issued a statement stating that while it "fully respects competitors' intellectual property rights . . . Nike does not own the exclusive right to design and produce footwear by traditional manufacturing methods that have been used in the industry for decades." The ultimate decision will rely on the court's scrutiny of evidence, legal precedents, and the arguments articulated by both sides.