Adidas has won at least the first round of its battle against Nike on the issue of labor-saving knitting technologies for footwear uppers. The Federal Patent Court in Munich has ruled that the European patent filed by the Swoosh on knitting technology for footwear uppers used in its Flyknit range of shoes is obsolete and must be removed from the German register of patents.
In the case, Nike had accused Adidas of patent infringement two years ago, just as the Olympic Games in London were about to start, over the use of a similar technology in its new Primeknit range of footwear. Adidas, which applied the technology to its Adizero shoes at the Games, argued that it had been available since 1940.
The two brands used the upper knitting technology in the football boots that they supplied for the recent Fifa World Cup in Brazil - the Samba Primeknit by Adidas and the Magista by Nike.
The battle is not completely over, however. Noting that it has multiple patents already granted and pending patent applications throughout the world for its Flyknit innovations, Nike says the decision of the Munich court is only directed to certain claims of one of a dozen different patents in its Flyknit portfolio.
Nike says it disappointed with the decision and is considering all of its options, including a possible appeal against the court's verdict. Adidas says it plans to use the conclusions of the German federal court to defend its rights in other European countries, if necessary.
