Case Study

adidas

Case settlement for adidas in one of the largest patent cases in the footwear industry

In August 2022, Kilpatrick represented adidas AG, adidas North America, Inc., adidas America, Inc., and adidas International Trading AG in patent infringement and importation investigation at ITC brought by Nike, Inc., related to the design and manufacture of shoe uppers for knitted footwear, with related action in Oregon federal court. One of the largest patent cases in the footwear industry, the case involved nine U.S. patents from multiple distinct families of patents, each covering a different subject matter. After completing both fact and expert discovery, the case was settled on confidential terms shortly before the evidentiary hearing at the ITC.

Kilpatrick Client Success

$100 Million Win for Client GREE in Mobile Gaming Patent Clash

In May 2021, a Texas jury handed down a $92 million verdict in favor of Kilpatrick client GREE, Inc. in its long-running patent battle with Supercell Oy, increasing the total jury verdicts GREE has obtained against Supercell to over $100 Million. GREE is a Japanese gaming and internet media company and a pioneer in mobile social gaming, including in cutting-edge technologies that enable the “freemium” model of gaming apps where the original download is free but players can buy additional valuable virtual items within the app.

GREE sued Supercell, a Finnish mobile gaming company owned by China’s media giant Tencent, asserting that Supercell’s freemium gaming app hits “Clash of Clans,” “Hay Day,” and “Clash Royale” infringed six of GREE’s patents that cover such features as allowing players to participate in virtual battles, aiding players in acquiring valuable virtual items, and enabling social game play that encourages player engagement. At a trial in May 2021, the jury found that Supercell’s apps – which brought Supercell more than $3 billion in earnings in the US over the relevant time – infringed all six of GREE’s patents, and awarded GREE $92 million in damages, the exact amount GREE sought. The jury also rejected Supercell’s contention that the patents were invalid. Moreover, the jury found that Supercell’s infringement was willful, which could treble the $92 million damages awarded to GREE.

This is the second patent case in which GREE has recently prevailed over Supercell. In September 2020, another Texas jury found that Supercell willfully infringed a different set of five GREE patents and awarded $8.5 million in damages. Notably, the two Texas cases are only a portion of the complex series of legal actions between the parties, including proceedings in the U.S. Patent Trial and Appeal Board and appeals in the Federal Circuit, and Kilpatrick Townsend has been by GREE’s side in each and every proceeding.