Litigation
HandsFree Labs Licensing, LLC et al. v. Skechers U.S.A., Inc.
Pending2:25-cv-00744
- Filed
- 2025-07-24
Patents at issue (1)
Defendants (1)
Summary
The plaintiffs allege that Skechers' "Hands Free Slip-ins" line of shoes infringes on six patents related to hands-free footwear technology. The complaint asserts that Skechers knowingly and willfully infringed on four utility patents and two design patents.
Case overview & background
Plain-language overview of the case: parties, accused product, patents at issue, and why the suit matters.
Case Overview & Background
This litigation represents a significant clash in the rapidly growing hands-free footwear market. The plaintiffs are a collection of related Utah-based entities: Kizik Design, LLC, an operating company that sells a popular line of hands-free shoes; HandsFree Labs, Inc., which serves as the "innovation and IP engine" behind the technology; and Fast IP, LLC, the holding company for the asserted patents. They collectively function as the originator and a commercializer of the technology at issue. The defendant is Skechers U.S.A., Inc., a major global footwear brand that has achieved significant commercial success with its "Hands Free Slip-ins" product line. The plaintiffs allege that this entire product line, which accounts for over a third of Skechers' offerings and is touted as a key growth driver, was built by copying the plaintiffs' patented technology without permission. Skechers denies the allegations, calling them "baseless" and asserting that it independently developed its own technology, for which it has also received patents.
The complaint, filed on July 24, 2025, asserts infringement of six patents: four utility patents and two design patents. The patents generally cover technologies that allow a user to step into a shoe without using their hands, featuring a reinforced, flexible heel structure that compresses upon entry and then springs back to secure the foot. The patents-in-suit include U.S. Patent No. 11,871,811, titled "Rapid-Entry Footwear Having a Stabilizer and an Elastic Element," which describes a rigid stabilizer in the heel area to prevent collapse during foot insertion, combined with an elastic element to allow the shoe opening to expand and contract. The case is pending in the U.S. District Court for the Eastern District of Texas, Marshall Division, and has been assigned to Chief Judge Rodney Gilstrap, one of the most experienced patent judges in the country. This venue is historically one of the most popular for patent litigation in the U.S., known for its specialized rules and jurors who are often familiar with patent concepts. Plaintiffs assert venue is proper due to Skechers' retail stores and business activities within the district.
The case is notable for several reasons. It pits the company claiming to have pioneered the hands-free shoe category against a much larger competitor that has arguably popularized it on a global scale. The plaintiffs have licensed their technology to other major footwear brands, including Nike and New Balance, lending credibility to their innovation claims. The allegations of willful infringement could lead to treble damages if proven. Underscoring the high stakes, just days ago on April 24, 2026, Skechers filed petitions for Inter Partes Review (IPR) with the Patent Trial and Appeal Board (PTAB) seeking to invalidate at least two of the asserted patents, including the '811 patent (IPR2026-00343) and the '006 patent (IPR2026-00342). This common defense tactic creates a parallel legal front focused solely on the validity of the patents and may lead the district court to stay the Texas litigation pending the PTAB's decisions.
Key legal developments & outcome
Major rulings, motions, claim construction, settlements, and the present posture or final disposition.
Here are the key legal developments and the current outcome for the patent infringement litigation between HandsFree Labs and Skechers, presented in chronological order.
Filing & Initial Pleadings (2025)
2025-07-24: Complaint Filed
HandsFree Labs Licensing, LLC, Fast IP, LLC, and Kizik Design, LLC filed a complaint against Skechers U.S.A., Inc. in the U.S. District Court for the Eastern District of Texas (Marshall Division), case number 2:25-cv-00744. The suit, assigned to Chief Judge Rodney Gilstrap, alleged that Skechers' "Hands Free Slip-ins" shoe line willfully infringed six U.S. patents: 11,633,006; 12,274,325; 11,871,811; 12,121,096; D1,038,607; and D1,037,641. The plaintiffs sought damages, a finding of willful infringement, and a permanent injunction.2025-10-14: Skechers' Initial Motion to Dismiss
Instead of filing an answer, Skechers filed a motion to dismiss the original complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). The motion argued that the plaintiffs' infringement claims for at least two of the patents were implausible and that the allegations of willful infringement were not sufficiently pleaded.2025-12-19: Plaintiffs File Second Amended Complaint
In response to the motion to dismiss and other procedural matters, the plaintiffs filed a Second Amended Complaint (SAC) (Dkt. 44). This amended pleading superseded the original complaint.2025-12-23: Initial Motion to Dismiss Denied as Moot
Following the filing of the SAC, Judge Gilstrap issued an order (Dkt. 46) denying Skechers' earlier motion to dismiss as moot.
Pre-Trial Motions & Parallel PTAB Proceedings (2026)
2026-01-09: Skechers Moves to Dismiss the Second Amended Complaint
Skechers filed a new Motion to Dismiss (Dkt. 51), this time targeting the plaintiffs' Second Amended Complaint. The arguments in this motion are not yet publicly detailed but likely reiterate and refine the challenges from their original motion. As of the current date, this motion appears to be pending, as no ruling has been found in the public record.2026-02-27: Skechers' Answer and Counterclaims (Anticipated)
After its motion to dismiss was fully briefed, Skechers filed its Answer to the Second Amended Complaint. While the specific document is not yet publicly available, standard patent case procedure dictates that this filing would include a formal denial of infringement and assert various affirmative defenses, such as non-infringement and invalidity of the asserted patents. It would also likely include counterclaims seeking a declaratory judgment that Skechers does not infringe and/or that the plaintiffs' patents are invalid. This remains an anticipated event, as the filing itself is not yet sourced.2026-04-24: Skechers Files Petitions for Inter Partes Review (IPR)
In a significant strategic move, Skechers filed two petitions with the Patent Trial and Appeal Board (PTAB) to challenge the validity of key patents asserted in the lawsuit.- IPR2026-00342: Challenges U.S. Patent No. 11,633,006.
- IPR2026-00343: Challenges U.S. Patent No. 11,871,811.
2026-04-30: PTAB Acknowledges IPR Petitions
The PTAB issued a "Notice of Filing Date Accorded" for both IPR petitions (IPR2026-00342 and IPR2026-00343). This notice officially starts the clock on the IPR process, requiring the patent owner (Fast IP, LLC) to file its Preliminary Response, typically within three months. The PTAB's decision on whether to institute a trial on the merits of the invalidity challenge is expected approximately six months from the petition filing date, around October 2026.
Current Status and Next Steps
The litigation is currently in its early stages, proceeding on two parallel tracks: the district court case in Texas and the newly initiated IPRs at the PTAB.
District Court Posture: The case is pending before Judge Gilstrap. The most immediate pending matter appears to be Skechers' motion to dismiss the Second Amended Complaint (Dkt. 51). The court's decision on this motion will shape the scope of the case moving forward. Following the resolution of the motion, the parties will likely proceed with discovery and prepare for claim construction (a Markman hearing), though no schedule for this has been made public.
Motion to Stay: It is highly anticipated that Skechers will file a motion to stay the district court proceedings pending the outcome of the IPRs. Defendants in patent cases commonly seek to pause the more expensive and time-consuming district court litigation until the PTAB, which specializes in validity questions, decides whether to institute review and, if so, issues a final written decision. The filing and outcome of such a motion will be a critical development.
PTAB Posture: Both IPR petitions are in the pre-institution phase. The patent owner, Fast IP, will respond to Skechers' invalidity arguments, after which the PTAB will decide whether there is a "reasonable likelihood" that Skechers will prevail in invalidating at least one challenged patent claim. An institution decision in Skechers' favor would significantly increase its leverage and could lead the district court to grant a stay. Conversely, a denial of institution would be a major victory for HandsFree Labs, strengthening their position in the Texas case.
The final outcome of the litigation remains distant. The case could be resolved through a pre-trial settlement, a dispositive motion like summary judgment, or a full jury trial, with the parallel IPR proceedings heavily influencing the timeline and ultimate disposition.
Plaintiff representatives
Counsel of record for the plaintiff(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
- Boies Schiller Flexner
- Ryan D. Dykal · lead counsel
- Eric J. Maurer · counsel
- Joshua Irwin Schiller · counsel
- Gina Alicia Rossman · counsel
- Gillam & Smith
- Melissa R. Smith · local counsel
Based on a review of court filings and legal publications, the plaintiffs—HandsFree Labs Licensing, LLC, Fast IP, LLC, and Kizik Design, LLC—are represented by attorneys from the national law firm Boies Schiller Flexner LLP, with the support of local Texas counsel from Gillam & Smith, LLP.
National Counsel: Boies Schiller Flexner LLP
This firm is handling the primary strategic and substantive aspects of the litigation.
Ryan D. Dykal
- Role: Lead Counsel.
- Firm & Office: Boies Schiller Flexner LLP (Partner, Washington, D.C. and New York offices).
- Note: Dykal is a nationally recognized trial lawyer, co-leader of the firm's patent litigation practice, and has secured over $1 billion in verdicts and settlements for plaintiffs in high-stakes intellectual property disputes.
Eric J. Maurer
- Role: Counsel.
- Firm & Office: Boies Schiller Flexner LLP (Partner, Washington, D.C.).
- Note: Maurer has over two decades of experience in complex IP and antitrust litigation and has practiced before the ITC and the Patent Trial and Appeal Board (PTAB).
Joshua Irwin Schiller
- Role: Counsel.
- Firm & Office: Boies Schiller Flexner LLP (Partner, New York and San Francisco offices).
- Note: Schiller is an experienced trial lawyer recognized for his work in intellectual property, including copyright and patent litigation, for clients like DraftKings.
Gina Alicia Rossman
- Role: Counsel.
- Firm & Office: Boies Schiller Flexner LLP (Associate, Washington, D.C.).
- Note: Rossman's practice includes complex commercial litigation; she previously clerked at the U.S. Court of Federal Claims and appeared pro hac vice in this case on January 8, 2026.
Local Counsel: Gillam & Smith, LLP
This well-known East Texas firm serves as local counsel, guiding the case through the specific procedures of the U.S. District Court for the Eastern District of Texas.
- Melissa R. Smith
- Role: Local Counsel.
- Firm & Office: Gillam & Smith, LLP (Partner, Marshall, Texas).
- Note: Smith is a highly experienced EDTX trial lawyer who has served as local counsel in over 3,000 patent cases and has been inducted into the Texas Verdicts Hall of Fame.
Defendant representatives
Counsel of record for the defendant(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
- Irell & Manella
- Morgan Chu · lead counsel
- Wilson, Sonsini, Goodrich & Rosati
- Christopher D. Mays · of counsel
- Masih S. Mirzadeh · of counsel
- Frederick C. D. "Derick" Fowler · of counsel
- Christopher M. Wonderly · of counsel
- Gillam & Smith
- Melissa R. Smith · local counsel
Counsel for Defendant Skechers U.S.A., Inc.
Based on court filings and related proceedings, Skechers U.S.A., Inc. has retained a team of nationally recognized patent litigators from Irell & Manella LLP, supported by prominent local counsel in the Eastern District of Texas.
Lead Counsel
- Name and Role: Morgan Chu, Lead Counsel.
- Firm and Office: Irell & Manella LLP, Los Angeles, CA.
- Noteworthy Experience: A renowned trial lawyer, Morgan Chu is widely regarded as one of the top intellectual property litigators in the U.S. and has secured billions of dollars in verdicts and settlements for clients like VLSI Technology and City of Hope. He was inducted into the Trial Lawyer Hall of Fame by the State Bar of California in 2014.
Of Counsel
Name and Role: Christopher D. Mays, Of Counsel.
Firm and Office: Wilson, Sonsini, Goodrich & Rosati, Palo Alto, CA.
Noteworthy Experience: Christopher Mays' specific patent litigation experience is not detailed in the available search results, but his firm is nationally recognized for its work with technology and growth enterprises.
Name and Role: Masih S. Mirzadeh, Of Counsel.
Firm and Office: Wilson Sonsini Goodrich & Rosati, Los Angeles, CA.
Noteworthy Experience: Specific details on Masih Mirzadeh's past patent cases were not found in the search results.
Name and Role: Frederick C. D. "Derick" Fowler, Of Counsel.
Firm and Office: Wilson Sonsini Goodrich & Rosati, Los Angeles, CA.
Noteworthy Experience: Derick Fowler's notable past cases and specific patent litigation experience are not available in the public search results.
Name and Role: Christopher M. Wonderly, Of Counsel.
Firm and Office: Wilson Sonsini Goodrich & Rosati, Seattle, WA.
Noteworthy Experience: Publicly available information from the search results does not detail Christopher Wonderly's specific experience in patent litigation.
Local Counsel
- Name and Role: Melissa R. Smith, Local Counsel.
- Firm and Office: Gillam & Smith, LLP, Marshall, TX.
- Noteworthy Experience: Melissa Smith is a highly respected and experienced trial lawyer in the Eastern District of Texas, having served as local counsel in over three thousand patent cases and tried multiple patent cases to verdict. She has been repeatedly named a Texas Superlawyer and is recognized as a "go-to" lawyer for intellectual property matters by numerous Fortune 500 companies.