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Witcoff is pleased to announce that on July 8, 2019, the United States District
Court for the Middle District of North Carolina granted summary judgment of no
patent infringement in favor of firm client
NIKE Inc. 

The
case, styled Asics Am. Corp. v. Akeva L.L.C. v. NIKE, Inc.; Adidas America,
Inc.; New Balance Athletic Shoe Inc.; and Puma North America, Inc., Civil
Action No. 1:09-cv-00135 (M.D.N.C.), involved Akeva’s allegations that NIKE and
others infringed nineteen patents directed to alleged improvements in rear
soles of athletic footwear.  Akeva accused 523 NIKE footwear styles of
infringement, including the NIKE Shox, NIKE Impax and NIKE Reax styles. 

After
a combined Markman claim construction and summary judgment hearing, Magistrate
Judge Joi Elizabeth Peake issued a report and recommendation concluding that
“… there is no basis on which a jury could find that Defendants’ products
infringe any valid claims.”   District Judge Loretta C. Biggs
adopted the magistrate’s report and recommendation in its entirety, and
dismissed the case with prejudice. 

NIKE
was represented by Banner Witcoff’s Chicago-based attorneys Christopher
J. Renk, Michael J.
Harris, Janice V.
Mitrius, Victoria R.
McDonald Webb and Kevin T.
Dam. Akeva was represented by Jones Day.