On February 24, 2009, McDavid Knee Guard, Inc. filed a patent infringement lawsuit against Adidas Sales Inc. In a suit filed in the U.S. District Court for the Northern District of Illinois, McDavid claims that Adidas infringed by importing into the U.S. foam-padded, compression shorts sold under the mark, “TECHFIT,' which are made in China by the process patented by the '325 parent.
Stirling, based in Accrington, Great Britain, on June 1, 2004, was issued U.S. Patent No. 6,743,325 (“the 325 Patent”) entitled “flexible material”. According to court papers acquired by Sports Executive Weekly, McDavid and Stirling entered into a license agreement dated June 30, 2005, in which Stirling granted McDavid an exclusive license to certain intellectual property including the 325 patent.
McDavid is seeking a preliminary and permanent injunction to enjoin Adidas from infringing on the '325 patent. According to the court papers, McDavid is claiming that Adidas has been offering foam padded compression shorts, sold under the mark “TECHFIT,” which are supposedly made in China by the process patented by the 325 Patent. It seeks an award of damages arising out of infringement by Adidas of the '325 patent. It also seeks treble damages and a trial by jury.
