In something of a stunning reversal, a court in Nuremberg, Germany has ruled against Nike in its legal battle against adidas. In the original complaint brought against adidas by Nike, the American company contended that adidas had infringed its patent with the adizero Primeknit; both the Primeknit and Nike’s Flyknit employ a one-piece fused yarn upper. adidas’s legal approach centered on the fact that both shoes boast intertwined yarns in the construction and it’s a technique that has been employed since the 1940s. With this legal victory, Nike’s Flyknit patent becomes nullified and adidas can now resume production of the adizero Primeknit and other shoes that employ Primeknit technology.
Following the ruling, a Nike spokeswoman said, “We will continue to aggressively protect our intellectual property rights, including through the conclusion of this interim injunction proceeding as well as in a formal infringement case,” so expect this ruling to be one of the first steps in a lengthy legal process.