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NIKE, INC. v. ADIDAS AG

2019-1262.

955 F.3d 45 (2020)

NIKE, INC., Appellant, v. ADIDAS AG, Appellee.

United States Court of Appeals, Federal Circuit.

Decided: April 9, 2020.

Attorney(s) appearing for the Case

Michael Joseph Harris , Banner & Witcoff, Ltd., Chicago, IL, argued for appellant. Also represented by Christopher J. Renk , Kevin Dam.

Mitchell G. Stockwell , Kilpatrick Townsend & Stockton LLP, Atlanta, GA, argued for appellee. Also represented by Vaibhav P. Kadaba , Michael T. Morlock , Tiffany L. Williams.

Before Lourie, Chen, and Stoll, Circuit Judges.

This case requires this court to once again consider the notice provisions of the Administrative Procedure Act. Nike, Inc. appeals the Patent Trial and Appeal Board's decision on remand denying its request to enter substitute claims 47-50 of U.S. Patent No. 7,347,011 on the ground that those claims are unpatentable under 35...

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