DLA Piper wins significant victory for Nike

DLA Piper won a significant victory for its client, Nike, Inc., in a dispute brought by plaintiff Cellspin Soft Inc., over alleged infringement of three data uploading patents by Nike and a dozen other defendants related to the sale and marketing of fitness trackers and other electronic devices. Judge Yvonne Gonzalez Rogers of the United States District Court for the Northern District of California granted Nike's motion to dismiss and found that each of the claims were invalid under 35 USC 101 on the grounds that the claims were not directed to patentable subject matter. In doing so, the Court found that none of the claims of the Cellspin patents "represent an inventive concept sufficient to transform the claimed abstract idea into a patent-eligible application."

The DLA Piper team representing Nike was led by Co-chair of the US Life Science sector Richard Mulloy (San Diego), and included partner Edward Sikorski (San Diego), and associate Amy Walters (Silicon Valley).