Nike is suing Vancouver-based Lululemon for allegedly wilfully infringing six patents owned by Nike. The patents at issue relate to fitness technology used by Mirror, a home-gym company acquired by Lululemon in 2020. Among examples of the allegedly infringing technology given by Nike is an adaptive watch that monitors the heart rate of a person exercising and prompts the person to maintain that heart rate. However, Lululemon has responded that Nike’s patents are invalid and that Lululemon respects all IP rights.
While the allegations have yet to be tested in court, this lawsuit is a reminder that IP due diligence is an important part of any corporate acquisition. Companies should ensure that they have freedom to operate without infringing a competitor’s patents. For further information about IP due diligence and risk management, please contact our experts at Brion Raffoul LLP.