Sherrywear, Llc V. Nike, Inc.
SherryWear, LLC has filed a lawsuit against Nike, Inc. for patent infringement. SherryWear alleges that Nike has willfully infringed on its U.S. Patent Nos. 9,295,288, 9,723,878, 9,808,036, 9,289,016, 10,244,800, 10,219,550, 10,219,551, and 10,869,510, collectively known as the "Pocket Bra Patents." SherryWear claims that Nike's products, including the "Swoosh On The Run," "Swoosh Bra," and "Swoosh Pocket Bra," infringe on these patents. SherryWear is seeking injunctive relief to stop Nike from further infringement and monetary damages for past and ongoing infringement. The lawsuit was filed in the United States District Court for the District of Massachusetts. SherryWear, LLC has filed a lawsuit against Nike, Inc. for patent infringement. SherryWear alleges that Nike has willfully infringed on its patents related to a pocket bra, specifically U.S. Patent Nos. 9,295,288, 9,723,878, 9,808,036, 9,289,016, 10,244,800, 10,219,550, 10,219,551, and 10,869,510, collectively known as the "Pocket Bra Patents." SherryWear claims that Nike's products, including the "Swoosh On The Run," "Swoosh Bra," and "Swoosh Pocket Bra," infringe on these patents. SherryWear is seeking injunctive relief to stop Nike from further infringement and monetary damages for past and ongoing infringement. The lawsuit was filed in the United States District Court for the District of Massachusetts. The lawsuit involves SherryWear accusing Nike of infringing on their patents related to a pocket bra. SherryWear claims that Nike sold products, such as the "Swoosh Bra" and "Swoosh Pocket Bra," that infringe on their patents. SherryWear also alleges that third parties, including Poshmark, have been selling a similar product called the "Swoosh Pocket Bra" that infringes on their patents. SherryWear asserts that Nike's marketing materials induced others to infringe on their patents. The lawsuit seeks to stop Nike's infringing activities and seeks damages for the infringement. SherryWear alleges that Nike directly sold and induced others to infringe on their patents by offering for sale, selling, and importing the "Swoosh On The Run" bra and the "Swoosh Pocket Bra." Third parties, including DICK'S Sporting Goods and Backcountry.com, are also accused of directly infringing the patents by offering for sale and selling these bras. SherryWear claims that Nike's marketing materials and the characteristics of the bras demonstrate infringement of the patents. The lawsuit seeks to stop Nike's infringing activities and seeks damages for the infringement. The lawsuit includes three counts of patent infringement. In Count I, SherryWear alleges direct and indirect infringement of the '550 Patent by Nike. They claim that Nike infringes on several claims of the '550 Patent with their product called the "Swoosh On the Run," which is a pocket bra with front pockets. SherryWear argues that inserting an item into the front pocket of the Swoosh On the Run satisfies the elements of the '550 Patent. They also assert that Nike's infringement has been willful and intentional, and they seek damages and permanent injunctive relief. In Count II, SherryWear alleges direct and indirect infringement of the '036 Patent by Nike. They claim that Nike infringes on several claims of the '036 Patent with their product called the "Swoosh On the Run," which is also a pocket bra with front pockets. SherryWear argues that inserting an item into the front pocket of the Swoosh On the Run satisfies the elements of the '036 Patent. They assert that Nike's infringement has been willful and intentional, and they seek damages and permanent injunctive relief. In Count III, SherryWear alleges direct and indirect infringement of the '288 Patent by Nike. They claim that Nike infringes on several claims of the '288 Patent with their product called the "Swoosh On the Run," which is a pocket bra with front pockets. SherryWear argues that inserting an item into the front pocket of the Swoosh On the Run satisfies the elements of the '288 Patent. They assert that Nike's infringement has been willful and intentional. SherryWear claims to be the lawful owner of three patents: the '288 Patent, the '016 Patent, and the '551 Patent. In Count III, SherryWear alleges that Nike has directly infringed claims 1, 2, 3, and 11 of the '288 Patent. The '288 Patent is for a pocket bra with front pockets. SherryWear argues that Nike's product, the Swoosh On The Run, satisfies all the elements of the patented invention. SherryWear further claims that Nike's infringement has been willful and intentional. In Count IV, SherryWear asserts that Nike has directly and indirectly infringed claims 1 and 2 of the '016 Patent. The '016 Patent is for a pocket bra with side pockets. SherryWear argues that Nike's products, the Swoosh Pocket Bra and the Swoosh Bra, meet all the limitations of the patented invention. SherryWear alleges that Nike's infringement has been willful and intentional. In Count V, SherryWear alleges that Nike has directly and indirectly infringed claims 16-18 of the '551 Patent. The '551 Patent is also for a pocket bra with side pockets. SherryWear argues that Nike's products, the Swoosh Pocket Bra and the Swoosh Bra, satisfy all the elements of the patented invention. SherryWear claims that Nike's infringement has been willful and intentional. As a result of Nike's alleged infringement, SherryWear claims to have suffered economic harm, irreparable injury, and damages. SherryWear seeks permanent injunctive relief and damages. Additionally, SherryWear argues that they are entitled to enhanced damages and reasonable attorneys' fees due to Nike's willful infringement and other conduct.
Read Next