McDavid and Stirling Mouldings Limited has filed a patent infringement lawsuit against Nike. The lawsuit concerns foam padded shorts sold by Nike under the name, deflex.
The lawsuit, filed in the U.S. District Court for the Northern District of Illinois, Eastern Division, said that McDavid and Stirling entered into a license agreement dated June 30, 2005. In the license agreement, Stirling granted to McDavid an exclusive license to certain intellectual property, including U.S. Patent No. 6,743,325 (325 patent) entitled “Flexible Material' for McDavid to use in the sporting goods market.
The suit claims Nike has been, and is willfully infringing, directly and/or indirectly, the 325 Patent by selling foam padded shorts, under the mark “deflex,” which are made in Taiwan by the process patented by the 325 Patent.
McDavid and Stirling said in the court documents that Nikes infringement “has caused irreparable injury to McDavid and Stirling and
will continue to cause irreparable injury until Nike is enjoined from further infringement by the Court.”
will continue to cause irreparable injury until Nike is enjoined from further infringement by the Court.”
McDavid and Stirling are seeking a preliminary and permanent injunction enjoining Nike from infringing the '325 Patent,' an award of damages arising out of infringement by Nike of the 325 Patent. It is also seeking treble damages and reimbursement of attorney fees.
