Adidas appears to have won the latest round in the legal tangle over Nike's contention that Adidas infringed on Nike's development of a super-lightweight running shoe.
The Nuremberg District Court today said "the granted injunction cannot be sustained," according to a statement issued by Germany-based Adidas. "It is to be expected that on November 7, 2012, the Court will set aside its initial decision and decide in favour of adidas."
Nike, the Oregon-based company, sought and obtained an injunction Aug. 28, alleging the adizero Primeknit was a copy of the Nike Flyknit.
Nike, the world's largest sporting goods company, contended that its Flyknit running shoes were the first to offer a technology in which woven threads formed the shoe's upper. Nike executives have said the Flyknit technology has far-reaching potential, from altering shoe production methods to curtailing shoe construction waste.
The Flyknit running shoe, which has a line that was co-developed by Nike chief executive Mark Parker, was introduced at a Summer Olympics-themed event in New York in February.
But on July 25, about a week before the Summer Olympics' opening, Adidas, the world's second-largest sporting goods company, introduced the Primeknit shoe, a remarkably similar product to Nike's Flyknit.
Adidas, in its statement today, said the original Aug. 28 injunction was set aside just days after it was granted in advance of today's hearing.
"Adidas vigorously denies the alleged patent infringement, and has filed for cancellation of the patent, with documents showing that the technology has been known since the 1940s," says the statement the company issued today.
Nike, in a statement responding to the court ruling, said, "This is just one step in the process. We will continue to aggressively protect our intellectual rights, including through the conclusion of this interim injunction proceeding as well as in a formal infringement case."
Distributed by MCT Information Services
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