Partner Ali Razai spoke with World IP Review about a favorable jury verdict that Morgan Lewis secured for Lululemon in a patent dispute with Nike over “Flyknit” shoe technology. Ali discussed the case’s background, the concept of claim construction under US patent law, and its significance in the dispute.
“Claim construction is vital in any patent dispute as it is the first of a two-step inquiry for infringement. In this dispute, Nike took an overly broad view of its patent rights… The ultimate construction terms in that patent forced Nike to drop its allegations of infringement, which was the basis of Nike’s request for an injunction against all of Lululemon’s shoes,” Ali said. “Despite a claim construction that excluded Lululemon’s shoes from the scope of the claims, all claims were still found unpatentable in light of the prior art asserted in the [inter partes review].”
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