Nike, Adidas Sneaker Hole Case Makes Third Federal Circuit Trip

Counsel Anna G. Phillips was quoted in the article “Nike, Adidas Sneaker Hole Case Makes Third Federal Circuit Trip,” published by Bloomberg Law. From the article:

“Clarity from the Federal Circuit is needed for practitioners to understand who does bear the burden in these situations, said Anna G. Phillips, a patent attorney at Sterne, Kessler, Goldstein & Fox PLLC.

The patent office can raise challenges in IPRs when the challenger drops out of the proceedings, but there are still open questions on the board’s role when both parties are still involved.

‘It’s a question of law that the Federal Circuit could provide clarity on, whether or not they affirm the board’s decision or if they take another approach to the board’s decision,’ Phillips said. ‘Either way the Federal Circuit decides, it’ll provide some guidance.'”