Once again, The United States Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) sided with Lululemon and canceled claims in two Nike patents that cover methods for calculating fitness scores from sensor data. The board ruled five claims of patent number 10,188,930 and eight claims of patent number 9,259,615 are unpatentable based on prior art and obviousness grounds.
Nike’s patents measure various fitness attributes such as endurance, flexibility, strength, and speed. In 2022, Nike sued Lululemon over its discontinued mirror-connected fitness device and mobile app for infringing on a handful of patents. In May, the PTAB ruled in favor of Lululemon and canceled some claims on other patents because they were unpatentable.
