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Apple + Nike Sued for Sport Kit Patent Violation

Monday, February 5th, 2007 at 4:55 PM - by

PhatRat, a maker of sports monitoring gear, has sued Apple and Nike over the Apple + Nike Sport Kit, according to Bloomberg News. The suit alleges that the Sport Kit violates a patent owned by PhatRat called "Shoes employing monitoring devices, and associated methods."

PhatRat's platform combines a shoe sensor with a receiver (in the form of a watch) that can measure airtime, force, power, Gs absorbed, and drop distance as measured in the shoe. The Apple + Nike Sport Kit measures speed, miles, and calories burned, transmitting the data to an iPod nano. PhatRat's suit alleges that its patent covers those usages.

The company is asking for relief from the infringement in the form of damages and a prohibition on Apple and Nike preventing the sale of the Sport Kit. Such demands are standard in suits of this nature.

Apple's corporate policy is to not comment on ongoing litigation, while Nike issues a statement concerning the suit. "Nike is aware of the complaint and is reviewing the allegations alongside our own intellectual property rights," the company said.

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Tiger said:

member since 17 Jun 2003 with 1018 posts, unranked, send him a message or view his profile

Mon Feb 05, 2007 6:21 pm

Can you patent a "use"? If they were using the same physical technology, it would be one thing. But patenting the "usages" is a bit of a stretch. It's like suing a Panasonic because they make telephones.

They'll have to get a LOT more specific at pre-trial hearings or the judge is gonna toss them on their ear.

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rpaege said:

member since 16 Dec 2005 with 96 posts, unranked, send him a message or view his profile

Mon Feb 05, 2007 8:26 pm

Just another lame example of using lawsuits as a business plan.

This will go nowhere.

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geoduck said:

member since 30 Dec 2003 with 1922 posts, unranked, send him a message or view his profile

Tue Feb 06, 2007 8:53 am

Once again, if they had come forward when the product was introduced I'd be a lot more sympathetic. By waiting until now they have in my mind weakened their claim. IANAL but it looks more like they want $$$, not that they feel harmed.

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