Taking a Second Look: Patent Trial and Appeal Board to Reconsider Denial of Nike’s Motion to Amend Footwear Patent

In a significant decision by the Federal Circuit, the Patent Trial and Appeal Board was ordered on Thursday, February 11, 2016, to reconsider its decision denying apparel giant Nike’s motion to amend a footwear patent. Thursday’s decision represents the first time that the Federal Circuit has not affirmed such a denial by the PTAB.

The patent at issue is one for a technology used in Nike’s “Flyknit” running shoe, specifically pertaining to the manner in which the upper portion of the shoe is manufactured. The …

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