FRANKFURT, Nov 7 (Reuters) - Sports apparel maker Adidas said a German court has thrown out an injunction brought by rival Nike over its new Primeknit sneaker leaving it free to resume production and sales of the shoe.
Nike was awarded a temporary injunction just over two months ago, after claiming that the shoe infringed the patent of its Flyknit sneaker that was launched in February.
But Adidas said it had never been given a chance to present its own case, and the court last month agreed, saying it was likely it would set the injunction aside.
“Adidas vigorously denies it has infringed the patent, and has filed for cancellation of the ( Nike) p atent, with documents showing that the technology has been known since the 1940s,” the Germany-based company said in a statement on Wednesday.
The uppers of the green Flyknit shoe and the red and white Primeknit shoe are both made from one piece of fused yarn, with both shoes looking as though they have been knitted. Sneaker uppers are usually made of several pieces stitched and glued together.
Adidas launched its shoe at the London Olympics in July with a limited run of 2,012 pairs costing 220 pounds ($350) apiece. It has said it wants to use the technology for other categories of sneaker.
Nike said the decision was just one step in the legal process.
“We will continue to aggressively protect our intellectual property rights,” a spokesman in Germany said, adding that it had the option to appeal the decision.