Invalidity dossier
US 10098411
Current assignee: PUMA North America, Inc.
Added 9/30/2026, 9:21:22 PM
Active provider: DeepSeek · deepseek-v4-flash
Auto-generating section 1 of 2: Extensions…
Each section takes ~30-60s with web-search grounding. Keep this tab open — sections will fill in below as they complete.
Patent summary
Title, assignee, inventors, filing/issue dates, abstract, and a plain-language overview of the claims.
I'll verify key details against live sources before summarizing.
Summary — US 10,098,411 B2
Identifier (literal): US 10,098,411 B2 (patent number as granted). Also published as US 2018/0092432 A1. Application No. 15/816,200.
⚠️ Important disambiguation note: Search results for "Nike '011 patent" overwhelmingly refer to U.S. Patent 7,347,011 (Nike's knitted-upper/FLYKNIT patent, subject of the Nike v. adidas IPRs and Federal Circuit appeals). That is a different patent from US 10,098,411. I have not conflated them below.
Bibliographic data
| Field | Value |
|---|---|
| Title | Particulate foam with other cushioning |
| Assignee / current owner | Nike, Inc. (Beaverton, OR) — original assignee Nike Inc; assignment of interest recorded 2021-11-02 |
| Inventors | Kevin W. Hoffer; Cassidy R. Levy; Nicholas R. Long; Aaron K. Seid |
| Priority date | 2015-09-24 (per Google Patents; six U.S. provisionals 62/222,882, 62/222,873, 62/222,851, 62/222,842, 62/222,832, 62/222,816 all filed 2015-09-24) |
| PCT | PCT/US2016/053260, filed 2016-09-23 |
| Filing date (this application) | 2017-11-17 |
| Publication date | 2018-04-05 (US 2018/0092432 A1) |
| Issue date | 2018-10-16 |
| Anticipated expiration | 2036-09-23 |
| Status | Active |
| Classifications | A43B 13/14, 13/18, 13/187, 13/188, 13/12x, 13/20x, 7/14, B32B 5/16, 5/18, 25/04x; B32B 2437/02 |
Abstract (as published)
An article of footwear has an upper, an outsole attached to the upper, and a midsole. The outsole includes a ground-engaging surface and an inner surface disposed on opposite sides. The midsole has a footbed and a bottom surface disposed on opposite sides. The bottom surface opposes the inner surface to define a cavity therebetween. The article of footwear also includes a first series of projections extending into the cavity from one of the inner surface and the bottom surface in a first direction toward the other of the inner surface and the bottom surface. The article of footwear also includes a second series of projection extending into the cavity from one of the inner surface and the bottom surface in the first direction toward the other of the inner surface and the bottom surface. The article of footwear also includes a quantity of particulate matter disposed within the cavity.
Independent claims — plain-language overview
Caveat on uncertainty: the full-text source I was given contains the specification, the "Definitions" section (which recites the claimed aspects), and the drawing/embodiment descriptions, but it does not include the verbatim granted claim set or claim count. The four aspects below are the independent claims as recited in the specification's summary of aspects; the exact claim numbers are my inference and should be verified against the USPTO claim listing.
Article of footwear (article claim — projections from one of the two surfaces). An upper; an outsole attached to the upper with a ground-engaging surface and an inner surface on opposite sides; a midsole with a footbed and a bottom surface on opposite sides, the bottom surface opposing the inner surface to define a cavity. A first series of projections and a second series of projections each extend into the cavity from one of the inner surface and bottom surface toward the other, in the same direction. Both series are spaced apart from the opposing surface (they do not touch it), and the second series has a different height than the first. A quantity of particulate matter sits in the cavity, disposed around the base of the first series and around the base of the second series.
Article of footwear (outsole-mounted projections). Same upper/outsole/midsole architecture, but the inner surface of the outsole carries a first and a second series of projections extending toward the upper, with different heights; the bottom surface of the midsole is spaced apart from both series; particulate matter is in the cavity; and the cross-sectional area of the first (and optionally second) series decreases in the direction from the outsole toward the midsole.
Article of footwear (midsole-mounted projections). Mirrored configuration: the bottom surface of the midsole carries first and second series of projections extending away from the upper, with different heights; the inner surface of the outsole is spaced apart from both series; particulate matter is in the cavity; and the cross-sectional area of the projections decreases in the direction from the midsole toward the outsole.
Method of making an article of footwear. Provides a cavity between a footbed and an outsole; provides one of the footbed and the outsole with a first series of projections extending into the cavity toward the other (spaced apart from it) and a second series of projections likewise extending into the cavity toward the other, spaced apart from it, and having a different height than the first; and provides the cavity with a quantity of particulate matter.
Common dependent-claim features (as disclosed)
Constantly tapered outer surfaces terminating at rounded distal ends; cross-sectional area decreasing in the projection direction; first series proximate the heel and second series proximate the forefoot, with the heel series extending farther; a void at the mid-foot separating the two series; particulate matter as foam beads that are substantially spherical and either uniform or of differing size/shape. The stated technical effect is gradient cushioning from soft to responsive: the particulate matter compresses first (soft), then the tapered projections compress under higher loads (responsive).
Litigation / PTAB / CAFC check
- PTAB: Google Patents' family record lists IPR2019-01342, filed and terminated by settlement, with the petitioner link attributed to Unified Patents' PTAB data set. I did not independently retrieve and confirm the petition, parties, or termination papers, so treat the petitioner identity as unverified.
- Litigation flag: The family record shows "First worldwide family litigation filed" (Darts-ip family 58387277), i.e., the family has been litigated, but the source does not name the courts or parties.
- CAFC 2026 dockets: I found no Federal Circuit 2026 docket entry naming US 10,098,411. My searches surfaced only unrelated Nike Federal Circuit activity in 2026 (Nike/Lululemon fitness-tracking patents; Nike/adidas FLYKNIT patents 7,347,011 and 7,814,598). I cannot confirm any 2026 CAFC appeal involving US 10,098,411 — absence of a search hit is not proof that none exists.
- Continuation family: the disclosure is the parent of a continuing line (e.g., US 2018/0289108, US 2020/0253329, US 2023/0096885, and a later grant reported as US 12,053,047 B2), all sharing the "Particulate foam with other cushioning" title and the 2015-09-24 provisional priority.
Bottom line
US 10,098,411 is a Nike footwear-cushioning patent covering a cavity between outsole and midsole that contains foam-bead particulate matter plus two sets of tapered, differently-heighted projections (on the outsole, on the midsole, or as a plate), and a method of making the same. It is distinct from Nike's better-known '011 patent (7,347,011). The strongest caveat I would flag for any downstream use is that I could not verify the verbatim granted claim set, the exact number of independent claims, or any 2026 appellate activity from authoritative sources in this session.
Generated 9/30/2026, 9:31:04 PM
Cases on file (1)
Group view →Specific litigation cases in our database that name US patent 10098411. The free-form analysis below may also discuss cases beyond this list.
- PUMA North America, Inc. v. Nike, Inc.filed Jul 16, 2019IPR2019-01342USPTO Patent Trial and Appeal Boardterminated Dec 3, 2019settled
Defendants: Nike, Inc.
Litigation summary
Past and pending lawsuits — plaintiffs, defendants, jurisdictions, outcomes, and notable rulings.
I'll research litigation involving US patent 10098411. Let me run several targeted searches.
Found a PTAB proceeding. Let me dig deeper and check for district court cases.
Let me check the RPX/Unified litigation portals and whether the patent was asserted in district court.
Litigation Involving U.S. Patent No. 10,098,411
Bottom line: Based on my searches, the only adversarial proceeding I could positively identify specifically involving U.S. Patent No. 10,098,411 is a PTAB inter partes review petition (IPR2019-01342), filed by PUMA North America, Inc. and terminated by settlement in 2019. I found no district court case in which the '411 patent itself was asserted as an asserted patent, and no CAFC appeal.
1. IPR2019-01342 — PUMA North America, Inc. v. Nike, Inc. (PTAB)
| Field | Detail |
|---|---|
| Petitioner | PUMA North America, Inc. |
| Patent Owner / Respondent | Nike, Inc. (PTAB caption names the inventors: "Hoffer et al") |
| Forum / Jurisdiction | USPTO Patent Trial and Appeal Board (not a court) |
| Proceeding No. | IPR2019-01342 |
| Patent challenged | U.S. Patent No. 10,098,411 B2 ("Particulate foam with other cushioning"), Application No. 15/816,200, Tech Center 3700 |
| Filing date | July 16, 2019 |
| Outcome / status | Terminated – Settled (termination date December 3, 2019); no final written decision on the merits |
| Counsel | Petitioner: Vincent Rubino; Patent Owner: Christopher Renk |
Sources:
- GreyB IPVerse case page: https://ipverse.greyb.com/ptab-web/cases/case-details/IPR2019-01342
- RPX Insight: "Puma North America Incorporated v. Nike, Inc. IPR of US10098411B2" — https://litigation.rpxcorp.com/ptab/10584
- Google Patents family entry for US10098411B2 (lists "PTAB case IPR2019-01342 filed (Settlement)"): https://patents.google.com/patent/[US10098411](/patent/US10098411)/en
One clarification on the Google Patents listing: that page shows the entry under a heading referencing "Unified Patents PTAB Data." That is the data source for the listing (Unified Patents' PTAB dataset), not the petitioner. Both RPX and GreyB identify the petitioner as PUMA North America, Inc. I therefore treat PUMA as the petitioner.
2. Related district court activity (not confirmed as asserting the '411 patent)
- Nike, Inc. v. PUMA North America, Inc., No. 1:18-cv-10876-LTS (D. Mass.), filed May 3, 2018 — Nike's footwear patent suit against PUMA. The patents-in-suit reported in the claim construction opinion were the '746, '749, '488, '679, and '420 patents (Flyknit, Air, and cleat technologies). I could not confirm that U.S. 10,098,411 was among the asserted patents in that case. The '411 IPR was filed roughly 14 months after the suit, which is consistent with (but not proof of) the patent having been drawn into that dispute.
- Claim construction opinion: https://www.courtlistener.com/opinion/[9731541](/patent/9731541)/nike-inc-v-puma-north-america-inc/
- Background on the suit: https://ipwatchdog.com/2018/05/25/nike-sues-puma-infringement-patents-covering-nikes-flyknit-air-cleat-technologies/ ; https://www.knobbe.com/blog/nike-accuses-puma-patent-infringement-flyknit-air-and-cleat-technology/
3. Family-level litigation flag (unresolved)
The Google Patents page for US10098411B2 contains a "Family has litigation — First worldwide family litigation filed" marker linking to the Darts-IP family record (family ID 58387277): https://patents.darts-ip.com/?family=58387277. This indicates that some member of the patent family has been litigated somewhere in the world, but the Darts-IP record itself is a licensing database and I could not retrieve the underlying case details. I cannot confirm what that family-level litigation is.
Caveats / limits of this search
- No district court case found asserting claim(s) of the '411 patent. I searched litigation-oriented sources (PTAB/Unified Patents portal, RPX Insight, CourtListener/RECAP, PACER-derived dockets via PacerMonitor) and found no complaint, answer, or judgment identifying U.S. 10,098,411 as an asserted patent.
- No CAFC appeal identified arising from the '411 patent.
- The PTAB petition settled before institution, so there is no PTAB final written decision on the '411 patent's validity, and no Federal Circuit decision.
- Limitations of coverage: PTAB/docket aggregators (including Unified Patents, RPX, and Darts-IP) do not capture every case, and litigation that is sealed, settled early, or filed in foreign venues may not be reflected. A negative finding here is not proof that no such case exists.
- Per your instruction, I have not auto-corrected any identifiers. Note that the PTAB caption uses inventors' names ("Hoffer et al") rather than "Nike, Inc.," which is common where the patent had not yet been formally assigned of record at petition filing; the November 2, 2021 assignment record shows the '411 patent assigned to NIKE, INC.
Generated 9/30/2026, 9:31:02 PM
Proceedings on file (0)
All PTAB activity →AIA trial proceedings (IPR / PGR / CBM) filed at the USPTO Patent Trial and Appeal Board against this patent. Sourced from the USPTO Open Data Portal and refreshed every six hours; each proceeding number deep-links to the PTAB E2E docket.
Current assignee: PUMA North America, Inc.
No PTAB proceedings on file. This patent has not been challenged via IPR, PGR, or CBM. The absence is itself a signal — well-asserted patents eventually attract IPRs. The LLM analysis below may surface filings the ODP feed hasn’t indexed yet.
PTAB challenges
AIA trial proceedings at the USPTO Patent Trial and Appeal Board — IPR, PGR, and CBM. Petitioners, judge panels, claim-level invalidation outcomes from Final Written Decisions, and Federal Circuit appeals. The single most important defensive datapoint after litigation history.
I'll research the PTAB proceedings on US10098411, starting with the one identified in the structured data.
The search results are mixing in a different Nike patent (the FLYKNIT '011 patent, US 7,347,011). Let me search specifically for the IPR2019-01342 proceeding.
Key finding: the petitioner was Puma North America, not Unified Patents (that was the data-source label). Let me check for additional proceedings and confirm details.
Proceedings overview
One AIA trial proceeding has ever been filed against US 10,098,411 — and it never reached institution. The single proceeding, IPR2019-01342 (PUMA North America, Inc. v. Nike, Inc.), was terminated by settlement on 2019-12-03, before the Board issued any institution decision. Breakdown: 0 active · 0 claims invalidated · 0 claims sustained · 1 settled pre-institution · 0 institution denials. Bottom-line defensive posture: no claim of this patent has been tested on the merits at the PTAB, and no claim has been canceled. Nike retains all originally issued claims; there is no FWD-based kill shot and no § 315(e)(2) estoppel to hand a defendant. Conversely, because nothing was substantively decided, a defendant gets no free roadmap from the prior IPR — but also faces no adverse PTAB precedent upholding these claims.
Important data-source correction (per the operating rules, flagged rather than silently "fixed"): the structured "PTAB proceedings on file" block labels the petitioner as "Unified Patents". That is a misattribution. The string "Unified Patents PTAB Data" in the Google Patents litigation block is the licensed data provider that supplied the litigation entry — not the petitioner. The actual petitioner of record is PUMA North America, Inc. and the real party in interest is Puma. Do not cite Unified Patents as a petitioner here.
IPR2019-01342 — PUMA North America, Inc. v. Nike, Inc.
- Type: Inter Partes Review (35 U.S.C. §§ 311–319), Technology Center 3700
- Filed: 2019-07-16
- Status: Terminated-Settled (verbatim from the structured data / vendor records). Gloss: the parties jointly dismissed the petition and the Board terminated the proceeding prior to institution of trial; no claim was ever construed on the merits and no Final Written Decision issued.
- Judge panel: The termination decision is captioned before Scott A. Daniels, Mitchell G. Weatherly, Carl M. DeFranco, Amanda F. Wieker, Matthew S. Meyers, and Stephen E. Belisle, Administrative Patent Judges, with Judge Wieker authoring. Note: this six-judge caption is a consolidated caption covering four related Puma-v.-Nike IPRs (IPR2019-01059, -01060, -01190, -01342); the per-case merits panel was never constituted because trial never instituted.
- Petition grounds: Not recoverable from the public sources reviewed. Because the case was dismissed pre-institution, no Board decision summarizes the asserted art or statutory basis, and the settlement agreement was sealed. I did not locate a public copy of the IPR2019-01342 petition grounds — I am stating that as a gap rather than guessing at references or § 102/§ 103 theories.
- Institution decision: None issued. The proceeding died before the § 314(b) institution window closed (petition filed 2019-07-16; statutory institution deadline would have run to approximately 2020-01-16).
- Final Written Decision: None. No claim-level verdict exists. Claims 1–20 (the issued claims of 10,098,411) were neither canceled nor sustained by the Board.
- Settlement / termination: On 2019-12-02 the parties filed a Board-authorized joint motion to dismiss the petition and terminate the proceeding, together with a copy of a Settlement Agreement (Paper 8) and a joint request to treat it as business confidential information (Paper 9) under 37 C.F.R. § 42.74(c) and 35 U.S.C. § 317(b). The Board granted both on 2019-12-03, ordering the petition dismissed, the proceeding terminated as to Petitioner and Patent Owner, and the settlement agreement kept separate from the patent file as business confidential. The settlement terms are confidential and not disclosed. The same joint motion resolved the three companion Puma IPRs against Nike's U.S. Patents 9,375,046, 9,078,488, and 10,070,679 — i.e., this was a global Puma–Nike peace, not a patent-specific decision.
- Appeal: None. There was no appealable final written decision; nothing went to the Federal Circuit.
- Defensive value: Essentially zero as precedential or estoppel ammunition — and that cuts both ways. No IPR estoppel under § 315(e)(2) attached (estoppel requires institution and a final written decision, neither of which occurred), so neither Puma nor any privy is barred, and a current defendant cannot lean on "the PTAB already killed this." But the patent also emerges untested: Nike has never had to defend claims 1–20 against a § 103 combination at the Board, so the validity record is blank rather than favorable. The practical read is that this patent is an open target, not a hardened one.
Strategic summary
Claim status. All issued claims of US 10,098,411 remain in force. Nothing is CANCELED, nothing is SUSTAINED by a PTAB decision, and everything is UNTESTED. The only claim-level narrowing in the record is prosecution-history-based (the patent issued 2018-10-16 from application 15/816,200, filed 2017-11-17, claiming priority to 2015-09-24), not IPR-based. There are no surviving-after-IPR claims to list, because no IPR ever reached the merits. Be careful with any source that describes this patent as "surviving IPRs" — the accurate framing is that it was never subjected to a merits trial at all. (Do not confuse this patent with the FLYKNIT "011 patent," US 7,347,011 — a different Nike patent that went through a full adidas IPR, FWD, and Federal Circuit appeal. The numbering overlap is a trap in search results.)
Estoppel landscape. The estoppel ledger is completely clean. Under 35 U.S.C. § 315(e)(2), estoppel binds only a petitioner that obtained an instituted IPR and an FWD. IPR2019-01342 terminated pre-institution, so: (a) Puma is not estopped; (b) no third party inherits any estoppel; and (c) every prior-art ground remains available to any current or future defendant, including grounds Puma may have raised in its (un-instituted) petition. A defendant today can assert any § 102/§ 103 combination it can find — there is no "raised or reasonably could have raised" bar operating against anyone. The one soft caution: if a defendant is in privity with Puma, or if the (sealed) Puma–Nike agreement contains a license/covenant or an IPR-related undertaking, that contract — not PTAB estoppel — could constrain the defense. The agreement is confidential, so that must be diligence-tested in the actual dispute.
Pattern signals. No petitioner has filed multiple IPRs against this patent — Puma filed exactly one, as part of a four-patent salvo against Nike (IPR2019-01059, -01060, -01190, -01342) that was resolved globally by settlement. There is no defensive aggregator (Unified Patents, RPX, etc.) in the chain; the "Unified Patents" label in the structured data is a data-provider attribution, not a petitioner. Nike's posture here is that of a patent owner that has historically fought and then monetized settlements, and it has litigated the particulate-foam family broadly — the sibling patent US 10,098,412 was challenged by Skechers in IPR2021-00159, which the Board instituted on 2021-05-17 (panel: Ken B. Barrett, Scott A. Daniels, George R. Hoskins) and which was likewise terminated by settlement (joint motion filed 2021-12-02) — again pre-FWD (the '412 patent is asserted in Nike, Inc. v. Skechers U.S.A., Inc., No. 2:19-cv-09230, C.D. Cal.). The pattern is clear: Nike's particulate-foam family is repeatedly petitioned, repeatedly settles out before a merits decision, and therefore never accumulates adverse PTAB precedent. That is a warning to a defendant that a filed IPR is not a reliable outcome — but it also means the validity of these claims has genuinely never been adjudicated.
Recommended next steps
- No PTAB FWD exists to cite. There is no Final Written Decision for this patent to link, because IPR2019-01342 was dismissed before institution. The controlling public document is the Board's combined termination decision (2019-12-03), "Settlement Prior to Institution of Trial," 37 C.F.R. § 42.74 — available via PTAB E2E / the IPR2019-01342 record: https://www.docketalarm.com/cases/PTAB/IPR2019-01342/Inter_Partes_Review_of_U.S._Pat._10098411/docs/12-03-2019-Board/Termination_Decision_Document-10-Termination_Decision_Document.pdf. Docket-level confirmations: RPX Insight (https://litigation.rpxcorp.com/ptab/10584) and IP Verse (https://ipverse.greyb.com/ptab-web/cases/case-details/IPR2019-01342).
- There are no trial-stage milestones to track — no institution decision deadline, no oral hearing, no FWD due date. All of those lapsed with the 2019-12-03 termination. Any representation that this patent is in an "active" PTAB trial is incorrect.
- Treat the validity record as a blank slate and build your own challenge. Because no merits ruling and no § 315(e)(2) estoppel exist, a defendant can file a fresh IPR on any art and any statutory ground, with no prior-art estoppel risk from the Puma proceeding. The 2019-12-03 pre-institution dismissal means the Board never opined on the claims — so there is also no SAS/Fintiv-style history to work around, though the Board may still weigh the sibling Skechers IPRs and any parallel district-court litigation under § 314(a) discretionary-denial practice when it considers a new petition.
- Diligence the Puma–Nike settlement. The 2019-12-03 agreement is sealed as business confidential under 37 C.F.R. § 42.74(c). If you are adverse to Nike, establish whether any license, covenant not to sue, or IPR stand-down understanding touches this patent — that contract, not PTAB estoppel, is the realistic constraint on your freedom to operate.
- One caveat and one gap I cannot close from public sources: (i) the structured "Unified Patents" petitioner attribution is a data-source label and should be disregarded — the petitioner was PUMA North America, Inc.; and (ii) the specific grounds asserted in the IPR2019-01342 petition are not stated in the sources I reviewed (pre-institution settlement; sealed agreement). I am not filling that in with speculation. If you need the asserted art, pull the petition itself from PTAB E2E for IPR2019-01342 rather than relying on secondary databases.
Generated 9/30/2026, 9:31:10 PM
Ownership chain (1)
Asserters network →Structured records extracted from the assignment-history narrative below. Each entity links to its full ownership-network profile.
? · recorded 2021-11-02 · Assignment
Levy, Cassidy R.; Hoffer, Kevin W.; Long, Nicholas R.; Seid, Aaron K.NIKE, INC.
internal/confirmatory
Assignment history
Inventors, original assignee, and the chain of ownership recorded with the USPTO — including the correspondent attorney who recorded each assignment, since shell-LLC chains often share one repeat-player attorney even when the entity names look unrelated. Surfaces NPE / patent-troll patterns: shell-entity transfers, known asserters in the chain, repeat correspondent fingerprints, pre-litigation assignments, and bankruptcy fire-sales.
I'll start by pulling the assignment and litigation records from multiple sources.
Key finding so far: the PTAB case was filed by Puma, not an NPE. Now let me pull the assignment records.
Let me pull the dedicated assignment and patent-record pages.
I hit the tool-call ceiling before I could open the interactive Assignment Center record itself, so I'll report what is documented and flag precisely where the record is incomplete rather than fill gaps with invented reel/frame numbers.
Inventors
| Inventor | Residence of record | Employer at filing |
|---|---|---|
| Kevin W. Hoffer | Portland, OR | Nike, Inc. |
| Cassidy R. Levy | West Linn, OR | Nike, Inc. |
| Nicholas R. Long | Portland, OR | Nike, Inc. |
| Aaron K. Seid | Portland, OR | Nike, Inc. |
All four are Oregon-based and every listed inventor appears as an assignor to NIKE, INC. on the sole recorded assignment (Google Patents legal events, 2021-11-02). All four are Nike's in-house footwear-engineering personnel, and their names recur across the same Nike "particulate foam" family (e.g., Hoffer/Levy/Long on US 2022/0240622 A1, filed 2022-04-20; Seid on US 12,053,047 B2, filed 2022-10-30).
Unusual-pattern check: negative. There is no evidence of the "all inventors depart within 12 months" signature that often precedes a portfolio fire-sale. The opposite is true — three of the four inventors are still naming Nike-assigned applications filed roughly five to seven years after the 2015 priority date. Inventor retention through at least 2022 is a meaningful counter-signal against a later asset dump.
Original assignee
Nike, Inc. (One Bowerman Drive, Beaverton, OR), named on the issued patent and on every family member I could inspect (US 10,674,788 B2; US 2020/0253329 A1; US 2022/0240622 A1; US 12,053,047 B2; EP 3,643,193 A1). Note the family also uses NIKE Innovate C.V. as a co-applicant vehicle on related Nike filings, but for the '411 patent itself the assignee of record is Nike, Inc.
- Primary line of business: athletic footwear and apparel (NYSE: NKE).
- Product embodiment: Nike commercialized particulate-foam cushioning under the Joyride platform beginning in 2019 — a midsole containing a cavity filled with a mass of polymeric foam beads, which is the subject matter of this family. I verified the family's commercial context but did not verify claim-chart-level embodiment of the '411 claims against a specific SKU.
- Current status: operating, publicly traded, not in bankruptcy and not dissolved. No change-of-name, merger, or reorganisation record appears in the chain.
Assignment timeline
The chain contains exactly one recorded assignment. Because the chain terminates at the original assignee, this is a short section by construction.
- 2021-11-02 (recorded) — Reel/frame: NOT RETRIEVED (verification gap — see note below)
- Conveyance: Assignment of assignors' interest (inventor-to-company assignment; Google Patents captions it "ASSIGNMENT OF ASSIGNORS INTEREST (SEE DOCUMENT FOR DETAILS)")
- Assignor: Levy, Cassidy R.; Hoffer, Kevin W.; Long, Nicholas R.; Seid, Aaron K. (all four named inventors)
- Assignee: NIKE, INC.
- Correspondent: not retrieved from a primary source in this session. I will not guess an attorney or firm here. Note that with a single link in the chain, the "repeat correspondent" test is definitionally unsatisfiable — there is no second recording on which the same attorney could reappear.
- Context: Internal/confirmatory — the inventor-to-original-assignee assignment for the family, recorded 2021-11-02. It is a same-party recordation, not a transfer to a third party.
Verification note (important): the USPTO Assignment Center requires an interactive patent-number query, and the Google Patents legal-events mirror that I could reach exposes only the assignee, assignors, and dates — not the reel/frame pair or the correspondent of record. I did not fabricate those fields. To close the gap, query "10098411" at https://assignmentcenter.uspto.gov/ and read the reel/frame and correspondent columns directly. Nothing in the record suggests a second, hidden link, but I cannot assert the chain is complete without that confirmation.
Supporting (non-assignment) chain events from Google Patents legal events:
- 2017-11-17 — Application 15/816,200 filed; applicant NIKE, Inc. (continuation in the family claiming priority to 2015-09-24)
- 2018-10-16 — US 10,098,411 B2 granted to Nike, Inc.
- 2019-07-16 — PTAB case IPR2019-01342 filed: Puma North America Incorporated v. Nike, Inc. (RPX Insight, PTAB docket 10584); Google Patents records the case as settled
- 2036-09-23 — anticipated expiration
Timeline diagram
timeline
title Ownership of US 10098411
2015 : Priority application filed by Nike
2017 : Continuation filed by Nike Inc
2018 : US 10098411 issued to Nike Inc
2019 : Puma files IPR2019-01342 v Nike
: IPR settled
2021 : Inventor to Nike assignment recorded
2036 : Anticipated expiration
NPE / troll-pattern signals
Shell-entity transfer — not present. No assignment to any entity bearing an IP/Patents/Licensing/Holdings/Ventures suffix. The only assignee of record for the entire life of the patent is Nike, Inc., a branded operating company that sells the embodying product line. There is no single-purpose LLC, no registered-agent service address, and no licensing-only vehicle anywhere in the chain.
Known asserter in the chain — not present. Neither Nike, Inc. nor any family member matches the enumerated NPE lists (Acacia, Marathon, IV, IPNav, Wi-LAN, Conversant/Mosaid, Vringo, Pendrell, Innovatio, MPHJ, Lumen View, Round Rock, Document Generation Corp, Spangenberg entities). The only adverse party visible in the record is Puma — a competitor-manufacturer operating company, and a defensive petitioner at the PTAB, not an asserter of this patent.
Repeat correspondent across the chain — not present. With one recordation in the chain, recurrence is impossible. I also could not pull the correspondent field from a primary source (see verification note), so I am not asserting a correspondent finding either way. Flagging "no recurrence" is safe; flagging a specific firm would not be.
Cascading transfers — not present. Zero consecutive transfers, let alone multiple LLC hops within 24 months. The 2015→2021 gap between priority and the sole recorded assignment is the opposite pattern.
Pre-litigation transfer — not present. The only recorded assignment (2021-11-02) postdates the family's first visible litigation event (IPR2019-01342, filed 2019-07-16) by roughly 28 months. There is no assignment within six months of a first suit, so no venue/standing-rearrangement inference is available. If anything, the recording order runs backwards from the classic pre-suit arrangement.
Bankruptcy fire-sale — not present. Nike has not filed Chapter 7 or 11; there is no reorganisation, receivership, or asset-sale record in the chain, and the patent remains marked Active with maintenance fees contemplated through the 2036-09-23 expiration.
Privateering — not present. Nike has not transferred the patent to any entity that would assert on Nike's behalf. Nike retains ownership and litigates in its own name; the visible PTAB posture has Nike as patent owner defending, with Puma as petitioner.
Defensive aggregator — not present. The chain does not terminate at RPX, AST, LOT Network, Unified Patents, or OIN. No defensive-aggregation assignment exists; the patent has not been neutralised in that sense. (Note: Unified's portal surfaces US 12,053,047 B2, a family member, in its patent database, with "Parent Company: Nike Inc" — that is Unified's analytics listing, not an ownership transfer.)
Additional family-level context: Google Patents flags this family as "Family has litigation" with a first-worldwide-family-litigation entry via Darts-ip. I observed only one concrete proceeding — IPR2019-01342, Puma v. Nike — and did not independently verify the scope or outcome of any district-court litigation in the family. That limitation should be noted before relying on the litigation history.
Verdict
Operating-company assertion.
The chain is a single-link inventor-to-Nike assignment recorded 2021-11-02, with Nike, Inc. as assignee of record from filing (2017-11-17) through grant (2018-10-16) and continuing today; all eight NPE signals are absent. Nike is a going-concern footwear manufacturer that shipped particulate-foam cushioning product (Joyride, 2019), and the only visible adverse proceeding is a competitor's IPR petition — Puma North America Incorporated v. Nike, Inc., IPR2019-01342, filed 2019-07-16 and settled — which is the conduct of an operating company defending commercial product, not of a licensing-only asserter. There is no shell LLC, no cascading transfer, no bankruptcy and no pre-suit assignment anywhere in the record.
Verification links:
- USPTO Assignment Center (search patent number 10098411): https://assignmentcenter.uspto.gov/
- Legacy Patent Assignment Search interface: https://assignment.uspto.gov/patent/index.html
- Google Patents legal events for US 10,098,411 B2: https://patents.google.com/patent/[US10098411B2](/patent/US10098411B2)/en
- PTAB docket entry for IPR2019-01342 (Puma v. Nike), RPX Insight: https://litigation.rpxcorp.com/ptab/10584
Two caveats I want to be explicit about: (1) the reel/frame pair and the correspondent of record are the two fields I could not retrieve, and they are exactly the fields your workflow depends on most — they must be pulled directly from Assignment Center before this chain is treated as complete; and (2) the Darts-ip "family has litigation" flag suggests district-court activity I did not verify, so the litigation picture above is probably narrower than reality. Neither gap changes the ownership conclusion, since the assignee of record is unambiguous.
Generated 9/30/2026, 9:31:25 PM
Prior art
Earlier patents, publications, and products that may anticipate or render the claims unpatentable.
I'll research this systematically. First, let me pull the authoritative record for US 10098411 and its citation lists.
Let me try to retrieve the actual "References Cited" section of the patent.
I need the patent's own "References Cited" list. Let me hunt for the front-page PDF and the citation tables.
Bottom line up front
I could not retrieve the authoritative, face-of-the-patent "References Cited" list for US 10,098,411 with the retrieval tools available to me. The copy of the patent text supplied to me is truncated (it ends mid-sentence at "…the projections 300f may compress while contacting the bottom surface 222f as the particulate matter 350 located within the pocke") — the claims and the citation table are not in it. Keyword searches for the citation table returned citation tables belonging to other documents (adjacent Nike patents, unrelated ISRs), not the one on US 10,098,411.
Per my operating rules, I will not fabricate a citation list. Below I give (a) everything I did verify about the patent and its § 102 posture, (b) the candidate references I actually surfaced during research, with dates and an explicit confidence flag on each, (c) the § 102 mapping framework keyed to the claim language I could verify, and (d) exactly where the real citation list and the most authoritative prior-art statements (the IPR petition and litigation papers) can be pulled.
1. Verified bibliographic record for US 10,098,411
| Field | Value (literal) | Source |
|---|---|---|
| Patent no. | US 10,098,411 B2 | provided text; Google Patents |
| Title | Particulate foam with other cushioning | provided text |
| Application no. | 15/816,200 | Google Patents; Unified Patents |
| Filing date | 2017-11-17 | provided text |
| Grant date | 2018-10-16 | provided text |
| Priority date stated | 2015-09-24 | Google Patents |
| Publication (pre-grant) | US 2018/0092432 A1 (2018-04-05) | Google Patents |
| Assignee | Nike, Inc. (Nike Innovate C.V. in the WO/PCT family) | Google Patents |
| Inventors | Kevin W. Hoffer; Cassidy R. Levy; Nicholas R. Long; Aaron K. Seid | provided text |
| Examiner | Ted Kavanaugh | Justia |
| US class | 36/28 (Cushion) | Justia |
| CPC | A43B 13/18, 13/12, 13/20, 1/00, 13/04, 13/14; B32B 5/16, 5/18, 25/04, 25/14, 2437/02 | provided text |
| Anticipated expiration (Google's assumption) | 2036-09-23 | Google Patents |
| Post-grant challenge | PTAB case IPR2019-01342 filed, terminated by Settlement (listed on the patent record) | Google Patents |
| Litigation | Family flagged as having worldwide litigation (Darts-IP family 58387277); the '411 patent is also discussed in a PUMA/Nike claim-construction record (see §5) | Google Patents; PTAB petition 1525861 |
Two literal observations I am flagging rather than silently correcting:
- Google Patents states priority 2015-09-24, whereas Unified Patents' record for family member US-12053047-B2 states priority 2015-09-23. I have not resolved this one-day discrepancy.
- US 10,098,411 is a continuation (App. 15/816,200) of the 2015-09-24 Nike particulate-foam family, not the original filing. That distinction drives the whole § 102 analysis below.
2. The critical date — this is the threshold question for § 102
Because App. 15/816,200 was filed 2017-11-17 (after 2013-03-16), AIA 35 U.S.C. § 102(a)(1)/(a)(2) governs, not pre-AIA § 102(b)/(e).
- If all claims are entitled to the 2015-09-24 priority (i.e., no new matter), then § 102(a)(1) art must be publicly available before 2015-09-24, and § 102(a)(2) art must have an effective filing date before 2015-09-24.
- If any claim recites matter first added in the 2017-11-17 continuation (a real risk here, since the granted claims appear to be drawn to the casing/divider embodiment of FIGS. 12–15 while the continuation's new matter is elsewhere), then art published/filed between 2015-09-24 and 2017-11-17 becomes available under § 102(a)(1)/(a)(2).
Any prior-art search for this patent that does not first settle the priority entitlement question is only provisional. This is also the likely reason the family attracted an IPR.
3. What the claims actually require (the § 102 "limitation map")
The claims are not in the text supplied to me, but I verified two claim families from independent sources, and they require different prior art:
Family A — "projections" claims. Claim language quoted for the '411/its continuation US 10,674,788 requires, in substance: an upper; an outsole (ground-engaging surface + inner surface); a midsole (footbed + bottom surface) opposing the inner surface to define a cavity; a first series of projections extending into the cavity from one of those surfaces toward the other and spaced apart from the other surface; a second series of projections in the same direction having a different height than the first series and also spaced apart; the first series extending farther than the second; and a quantity of particulate matter disposed within the cavity. (Google Patents, US 10,674,788 B2)
Family B — "casing/divider/groove" claims. Verified from the claim-construction record discussing "the '411 Patent," claim 1 recites: an upper; a casing having a casing top surface opposing the upper and a casing bottom surface defining a first divider extending between medial and lateral sides, the divider protruding toward the casing top surface and terminating within the casing such that a gap exists between the divider and the casing top surface; a plurality of foam beads disposed within the casing; and an outsole whose top surface is secured to the casing bottom surface and whose top surface and ground-engaging surface are each contoured upward to define a first groove aligned with the first divider. Claim 9 adds laterally extending dividers with per-divider gaps; claims 11 and 18 recite the casing is substantially filled; claim 15 recites a transparent casing whose top wall is secured to the bottom surface of a foam midsole. (PTAB petition 1525861; Justia)
Consequence for your request: any reference that "potentially anticipates" must disclose, in a single embodiment, all of the above for the claim at issue. A bead-filled sole cavity alone cannot § 102-anticipate Family B, because the groove-aligned-with-divider and gap-terminated divider limitations are structural and specific.
4. Candidate prior art I actually surfaced (with confidence flags)
4.1 EP 0 383 685 A1 / B1 — hollow sole filled with resilient beads
- Citation: EP 0383685 A1 (granted as EP 0383685 B1), "Hollow sole filled with resilient beads for shoes for massaging the feet." (EPO record PDF)
- Dates: EP 0 383 685 family, published 1990 (EPO/PISE record). Exact day/month not verified in my retrieval.
- Description (from the record's own abstract): "Beads (5) in firm flexible material with elastic return are accommodated in at least one cavity (3; 16) of the sole… the beads being distributed in at least one layer (8; 9; 10) with a clearance which is sufficient but restricted so that they can roll over a short distance."
- Evidentiary link to US 10,098,411: the EP 0 383 685 B1 document record carries a long list of document numbers for the entire Nike particulate-foam family — US10098411B2, US10674788B2, US11096444B2, US11229260B2, US11304475B2, US11317675B2, US11324281B2, US11490681B2, US12082644B2, US12053047B2, US12137768B2 — which is the signature of a cited-by/citation linkage at the family level.
- Potentially anticipates: No claim, in my assessment. It discloses a cavity containing beads with restricted bead migration, which is background to the "quantity of particulate matter disposed within the cavity" element (Family A) and the "plurality of foam beads disposed within the casing" element (Family B) — but it discloses no outsole-attached casing with a divider terminating in a gap, no groove aligned with a divider, and no first/second series of projections of different heights. It is better characterized as § 103 background art on the particle-cushioning concept than as § 102 anticipation. Confidence that this reference appears in the '411 citation record: moderate; confidence in the mapping: high.
4.2 USD 460,852 — "Bean bag shoe lower" (design)
- Citation: USD 460,852 S, "Bean bag shoe lower." Surfaced via the Google Patents page for the patent, where US10098411B2 and the other Nike particulate-foam family members appear in an associated-document table. (Google Patents, USD460852)
- Dates: not verified in my retrieval (I could not confirm the filing or issue date before reaching the retrieval limit).
- Description: an ornamental design for a "bean bag" shoe sole/sole-lower — i.e., a sole visually configured with loose-bead ("bean bag") filling.
- Potentially anticipates: No claim. A design patent is not enabling § 102 art for the structural/functional limitations here (two series of projections of different heights, spaced gaps, groove-aligned dividers). It is useful only as evidence of the state of the art for loose-bead soles.
- Confidence: low. I am not asserting this reference is on the '411 face; treat it as a lead to check.
4.3 Same-family Nike documents — not prior art
The following share the 2015-09-24 priority and/or are later continuations of the same disclosure, and therefore are not § 102 art against US 10,098,411 (common disclosure/priority; and the PCT publications post-date the 2015-09-24 priority date):
US 10,674,788 B2; US 11,490,681 B2; US 12,053,047 B2; US 11,096,444 B2; US 11,304,475 B2; US 11,317,675 B2; US 11,324,281 B2; US 11,229,260 B2; US 12,082,644 B2; US 12,137,768 B2; US 2018/0077997 A1; US 2018/0092432 A1; WO 2017/053650 A1; WO 2017/053658 A1; WO 2017/053674 A1. (Google Patents family listings)
Do not cite these as prior art — that is a common error in this family.
5. Where the authoritative citation list and the most relevant art are
Because the face-of-patent citation table was not retrievable for me, the fastest reliable paths to the exact list you asked for are:
- USPTO PatentCenter / Patent Full-Text record for 10,098,411 — the "References Cited" block on the front page (Field (56)) lists every U.S. patent document, U.S. pre-grant publication, foreign patent document, and non-patent literature the examiner cited. This is the definitive list and is the one you should map claim-by-claim.
- Google Patents → US10098411B2 → "Citations" (backward citations) and "Cited By" (forward citations). The backward list is exactly the examiner/applicant citation set; the forward list (which includes US 10,674,788, US 11,490,681, US 12,053,047, US 11,304,475, US 11,317,675, US 11,324,281, US 12,082,644, US 12,137,768, US 11,096,444, US 11,229,260, USD designs, and CN108348036A) tells you which art the family itself is being measured against.
- PTAB IPR2019-01342 — the petition is the single most useful document for "most relevant prior art," because the petitioner had to identify and characterize the best art against the claims. Google Patents records the case as filed and terminated by settlement; settled IPRs are often not instituted, so the Board's institution decision may not exist — but the petition is public via PTAB E2E / Unified Patents.
- The Nike v. PUMA papers (PTAB petition 1525861 and its exhibits) — these contain a detailed, claim-element-by-element reading of the '411 claims (including the "dividers" construction) and identify the art the parties treated as closest.
6. Honest statement of what I cannot certify
- I did not obtain the enumerated patent citations for US 10,098,411. Everything in § 4 above is a candidate reference surfaced from adjacent public records, with a per-item confidence flag — not a reproduction of the patent's citation list.
- I therefore cannot state, for any specific cited reference, that the examiner cited it against a specific claim, nor that a specific reference actually anticipates a specific claim. Doing so without the artifact would be fabrication.
- The one-day priority discrepancy (2015-09-24 vs. 2015-09-23) is reported literally and unresolved.
- The claim text in the supplied document is absent; the claim language in § 3 comes from the '411 claim-construction record, Justia, and the US 10,674,788 continuation, and should be confirmed against the printed claims.
If you provide the front-page (56) citation block — or authorize retrieval of the PatentCenter/Google Patents "Citations" table — I will complete the deliverable in the exact format you specified: for each cited reference, full citation, publication/filing date, brief description, and the specific claim(s) of US 10,098,411 it potentially anticipates under 35 U.S.C. § 102, with the priority-date assumption stated for each mapping.
Generated 9/30/2026, 9:31:43 PM
Obviousness
Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.
I'll start by gathering the prior art cited on this patent's page and its prosecution/litigation record, since the provided text does not include the reference list itself.
The page text I was given omits the reference tables, so let me pull the actual prior-art references cited against US 10,098,411 and its sibling filings, plus the PTAB record.
Let me pin down the IPR record for this exact patent and the family's cited-reference lists.
Preliminary data-integrity notes (read first)
Two things I must flag before the analysis, per the operating rules:
- The "Prior Art" section of the page as supplied to me is incomplete. The fetched text of the US 10,098,411 page contains only the prior-art metadata block — the keywords ("footwear, article, projections, outsole, casing") and "Prior art date 2015‑09‑24" — plus the family/litigation links. It does not reproduce the Cited By / Cited Documents / Similar Documents tables. I therefore reconstructed the art of record by live search of the family's prosecution and PTAB records, and I say plainly where a reference's content is unverified.
- Identifier-collision warning. Search results for "Nike '011 patent" overwhelmingly return US 7,347,011 (Flyknit), and "IPR2013‑00067" is Adidas v. Nike on that Flyknit patent. The subject here is US 10,098,411 B2 (app. 15/816,200), "Particulate foam with other cushioning." I do not auto-correct any of these; the Nishida / Schuessler / Spencer line of authority is not prior art to US 10,098,411 and I do not use it as such.
- PTAB discrepancy. The Google Patents page labels IPR2019‑01342 as a "PTAB case… filed (Settlement)" and links a Unified Patents portal page. RPX Insight and GreyB IPVerse both record the petitioner as PUMA North America, Inc. v. Hoffer et al., IPR2019‑01342, filed 2019‑07‑16, respondent patent 10098411, respondent application 15/816,200, Tech Center 3700, terminated–settled 2019‑12‑03. Prioritizing the search results, the petitioner was PUMA, not Unified Patents.
1. What has to be taught to invalidate the claims
Taking the granted claims as reproduced on the page's summary/definitions (the published sibling claim set, US 2018/0289108, is grouped as claims 1–13, 14–25, 26–37, and 38–49 method; I could not verify the issued claim numbering from the supplied text):
Independent claim 1 requires: an upper; an outsole (ground-engaging surface + inner surface); a midsole (footbed + bottom surface) whose bottom surface opposes the outsole inner surface to define a cavity; particulate matter within the cavity; and first and second series of projections extending into the cavity from one of the surfaces toward the other, where (i) the first series is spaced apart from the opposite surface, and (ii) the second series has a different height than the first and is also spaced apart from the opposite surface.
Dependent/sub-aspect limitations add: particulate disposed around the bases of both series; projections with cross-sectional area decreasing in the direction of extension and a constantly tapered outer surface terminating at a rounded distal end; the two series at heel vs. forefoot with the heel series extending farther; a void at the mid-foot separating the series; and foam beads (spherical, same-size, or mixed-size).
The specification's stated technical problem is unambiguous and is the hook for every motivation-to-combine argument below: the projections "control migration of particulate matter" (§ describing projections 300/300a), and the tufted-casing pockets "are effective to prevent the loss of cushioning in areas of the sole structure caused by particulate matter migration during repeated compressions." Migration control and region-differentiated cushioning are the expressly identified problems.
Governing law / POSITA. Graham v. John Deere factors; KSR Int'l v. Teleflex, 550 U.S. 398 (2007) (predictable use of prior-art elements, design incentives/market forces, finite number of identified solutions). A POSITA here: a bachelor's degree in mechanical engineering, industrial design, or materials science with ~2–5 years of footwear sole-structure experience, or equivalent; familiar with EVA/PU foams, flowable bead fills, and column/pillar midsole architectures.
2. Prior art of record (reconstructed)
A. Foreign patent documents listed as "Referenced Cited" in the same-family patents (the family IDS; this is the art the Examiner actually had before it):
DE 202016104626 (Oct 2016) · DE 102010046278 (Feb 2011) · EP 0007948 · EP 130816 · EP 316289 · EP 0359699 · EP 0383685 · EP 529941 · EP 2609824 (Jul 2013) · FR 996111 · FR 1018215 · FR 2824884 · GB 2066049 · GB 2462100 (Jan 2010) · JP S56‑080702 · JP H02‑121601 · JP H05‑37104 · JP H0723804 · JP H0739404 · JP 3042853 · JP H11‑32806 · JP 2000316606 · JP 2002306280 · JP 2015513354 (May 2015) · KR 19990069793 · KR 100230096 · KR 200374026 · KR 20100086227 · WO 1997/035496 · WO 99/47014 · WO 2006/049401 · WO 2008/012809 · WO 2015/065578 (May 2015).
Of these, WO 2015/065578 (May 2015) and JP 2015513354 (May 2015) are the closest to the 2015‑09‑24 priority date and are the most likely §102/§103 anchors if their disclosures are what their dates suggest; I have not verified their contents and would not assert a mapping without the documents.
B. Art cited in the directly adjacent search records (verified only as to number, date, and the category/relevance assignment shown in the search reports — not as to full disclosure):
| Reference | Date | Where cited / how used |
|---|---|---|
| US 5,000,599 (McCall et al.) | 1991‑03‑19 | Category X against claims 1–6, 8–25, 27–29 of WO 02/068212 — i.e., encasing member defining a filling chamber, particulate matter filling the chamber, mounting member, deformable wall, particles freely flowable |
| US 5,846,145 (Tinlin) | 1998‑12‑08 | Category Y in same record |
| US 4,338,270 (Uffindell) | 1982‑07‑06 | Category Y in same record |
| US 4,035,089 (Schwartz et al.) | 1977‑07‑12 | Category A in same record |
| WO 02/068212 | 2002 | Cushioning element: filling chamber + particulate matter + deformable portion |
| EP 2 801 464 A1 | 2014 | Method of incorporating a particulate layer between/with foam layers to form a composite foam body (claims 1–15) |
| DE 296 24 295 U1 | 2001‑11‑15 | Category X (vs. EP 2 801 464) |
| JP 2013‑014037 A | 2013‑01‑24 | Category X |
| GB 2 464 569 A | 2010‑04‑28 | Category X |
| US 2003/0170443 A1 (Kobe et al.) | 2003‑09‑11 | Category A |
C. Confirmed non-art for this patent. US 10,674,788, US 11,490,681, US 12,053,047, US 11,296,444, WO 2017/053650, WO 2017/053658 and the other 2015‑09‑24‑priority Nike filings surfaced in the Cited‑By tables are same‑family members, not prior art under §102(b)/§102(a)(2). The Flyknit '011 line (Nishida, Schuessler I/II, Spencer, Glidden) is unrelated art.
3. Obviousness combinations
Ground 1 — Particulate-filled sole chamber + region-partitioned/differential-height projection array
Primary: McCall (US 5,000,599) or WO 02/068212, either alone or with Tinlin (US 5,846,145) → teaches an upper/sole element with an encasing wall defining a chamber substantially filled with freely-flowing particulate matter.
Secondary: the composite-foam-with-particulate-layer art (EP 2 801 464 A1; DE 296 24 295 U1; JP 2013‑014037 A; GB 2 464 569 A) → teaches that particulate can be captured between/within foam strata in a footwear/body-cushioning laminate, and that a foam layer can be shaped (grooved, ribbed, compartmented) to retain the particulate.
What is missing for claim 1: the dual-height, both-spaced-apart projection series. This must come from either (a) the pillar/column midsole art, or (b) the outsole-groove/divider art of record in the '411 family (the page discloses that dividers and closed grooves are known approaches: "One or more dividers… may also be referred to as projections").
Motivation to combine (this is the crux, and it must be articulated specifically):
- Common problem, common solution. McCall/WO 02/068212-type fills are flowable; the reference itself contemplates displacement of the fill within the chamber. Partitioning a flowable fill to arrest migration/consolidation is a recognized technique, not a new principle, and the '411 specification concedes the problem ("prevent the loss of cushioning… caused by particulate matter migration during repeated compressions").
- Predictable result. Adding ribs/pillars of a stiffer polymer foam into a bead-filled cavity to locally stiffen and locally dam the beads is the "predictable use of prior art elements according to their established functions" (KSR).
- Design incentive. The '411's own stated motivation — softer at heel (initial impact), more responsive at forefoot — supplies the reason to give heel projections a greater height than forefoot projections, since greater height provides room for more beads (the '411 says exactly this: "the heel portion permits a greater quantity of particulate matter… due to the first series of projections extending further").
Verdict: claims 1 and the "foam beads / spherical / same-or-different size" dependents are the weakest claims; the particulate-in-cavity element is squarely met by McCall/WO 02/068212 and the bead material is a known design choice ("ethyl-vinyl-acetate or polyurethane" is recited in the '411 itself as conventional).
Ground 2 — Projection/pillar sole + spaced, non-contacting projections, in view of a flowable-fill cushioning chamber
A pillar/column sole structure (US 4,338,270 (Uffindell) and US 4,035,089 (Schwartz) are of-record resilient-sole structures) combined with McCall WO 02/068212. Motivation: replacing a monolithic midsole slab with discrete resilient columns is a known way to tune gradient stiffness; leaving the columns short of the opposing surface to create an initial soft "bottoming-out" phase is a predictable structural variation per KSR ("a finite number of identified, predictable solutions"). This ground attacks the "spaced apart from the other of the inner surface and the bottom surface" limitation — the limitation most likely to be argued as the point of novelty.
Ground 3 — Composite-foam laminate + differential-cushioning-region soles (CPC A43B13/186, A43B13/188)
Note that the '411 was classified under A43B13/186 (differential cushioning region, e.g. under the ball of the foot) and A43B13/188 (differential cushioning regions). Those classifications exist because differential cushioning is the field. An obviousness case can be built on the Office's own classification evidence: art classified in 13/186–13/188 combined with the bead-laminate art (EP 2 801 464 A1) supplies both the "gradient across regions" concept and the particulate capture concept.
Ground 4 — Method claims (published claims 38–49)
A method of "providing a cavity," "providing projections," and "providing particulate" is a product-by-process-style recitation; if the article claims fall, the method claims fall with them, because each step is a disclosed assembly step over the same art (particulate beads in a sole chamber: McCall/WO 02/068212; partitioned chamber: EP 2 801 464 A1).
4. The limitations most resistant to §103 (where Nike would defend)
For a rigorous conclusion I should not overstate the strength of the grounds. The genuinely non-trivial claim element is the conjunction of:
- two series, not one, of projections;
- with different heights within the same cavity;
- both series spaced apart from the opposing surface (i.e., the "gap" that gives a two-stage soft-then-responsive response);
- with particulate disposed around the bases of both series; and
- optionally, a void at the mid-foot fully separating the two series.
I found no reference in the reconstructed record that is verified to disclose elements 1–4 together. Each was assigned category X or Y only for an isolated feature in a different record. Under Puma North America, Inc. v. Nike, Inc., IPR2019‑01042, Paper 10 at 16 (PTAB Oct. 31, 2019) (informative) — PUMA's own ineffective petition in a parallel Nike case — the Board rejected precisely the argument that "the fact that [references] address the same problems is sufficient motivation to combine," holding that such a fact "bears more on the question of whether the references are analogous than whether there would have been reason to combine them." Any §103 attack on the '411 must therefore supply record evidence of (a) a reason to select two projection series of differing heights, (b) a reason to leave both short of the midsole, and (c) a reason to charge the fill around both bases — not a facial "same field" assertion.
5. Secondary considerations / procedural posture relevant to any validity opinion
- Presumption of validity stands. IPR2019‑01342 was terminated–settled on 2019‑12‑03 without a Final Written Decision, so there is no PTAB claim construction, no patentability holding, and no §315(e) estoppel on the '411.
- §325(d) exposure. A large fraction of the proposed combination art is already of record (the family IDS lists the DE/EP/FR/GB/JP/KR/WO documents above, and US 5,000,599 / WO 02/068212-type art is in the family's search reports). A petitioner must therefore clear Advanced Bionics step two — material error by the Examiner — which a mere "swap in similar references" will not do.
- Objective indicia to test for nexus: commercial embodiment (particulate-bead midsole products), evidence of competitor copying, industry skepticism that loose bead fills could be retained without loss of cushioning over repeated compression, and any unexpected durability result. Because the specification itself frames migration as a recognized problem, Nike's long-felt-need story is about the same problem and could be argued by a petitioner to be undercut by the express disclosures in McCall/WO 02/068212/EP 2 801 464 — but a nexus inquiry would be needed.
6. Bottom line
A reasonable, articulable §103 case exists against the broadest claims (claim 1 and the bead/size/shape dependents) using a particulate-filled cushioning chamber (McCall, US 5,000,599; WO 02/068212) in view of a partitioned/differential-height resilient sole structure (Uffindell US 4,338,270; Schwartz US 4,035,089) and/or the particulate-in-foam-laminate art (EP 2 801 464 A1 and its X-cited companions DE 296 24 295 U1, JP 2013‑014037 A, GB 2 464 569 A), with motivation grounded in migration control, differential heel/forefoot cushioning, and KSR predictable-variation rationales. The claims are materially harder to invalidate on the specific combination of two differently-heighted projection series both spaced from the opposing surface with particulate around both bases, and PUMA's own settled petition (IPR2019‑01342) and the Board's informative decision in Puma IPR2019‑01042 both show that a weak motivation-to-combine articulation will not carry.
Confidence and gaps: I am confident about the patent's bibliographic data, family, PTAB status, and the reference identifiers/dates/category assignments above. I am not confident about the full disclosures of the individual references, because the prior-art table on the supplied page was not included and the search results gave only citation metadata. If you can supply the page's Cited Documents / Cited By tables or the IPR2019‑01342 petition exhibits, I will convert this framework into element-by-element claim charts with pin cites.
Generated 9/30/2026, 9:31:44 PM
Extensions
Patent term adjustments, term extensions, continuations, divisionals, family members, and expiration dates.
Derivative works
Defensive disclosure: derivative variations of each claim designed to render future incremental improvements obvious or non-novel.
Keep exploring
More patents asserted by PUMA North America, Inc.
- US 9375046I'll research this specific patent number across USPTO records and CAFC dockets. Let me verify the litigation/PTAB history and the specific Federal Circuit appeal referenced in the patent record. Let me get the outcomes of the PTAB…
- US 6973746I'll search for the specific patent number and any litigation/docket information. Let me check specifically for any 2026 Federal Circuit or district court activity involving this patent. Summary of U.S. Patent No. 6,973,746 Important…
- US 10070679I'll search for this specific patent number. Now let me check for any CAFC 2026 docket activity and get the claim text. Let me verify the CAFC 2026 docket and the PTAB proceedings involving this patent. US 10,070,679 B2 — "Article of…
- US 10051917I'll search for authoritative information on this specific patent number, including any 2026 court activity. Let me check for litigation and any 2026 appellate activity. Let me pin down the exact claim set and any recent…
Other patents in Footwear
- US 10070679I'll search for this specific patent number. Now let me check for any CAFC 2026 docket activity and get the claim text. Let me verify the CAFC 2026 docket and the PTAB proceedings involving this patent. US 10,070,679 B2 — "Article of…
- US 10051917I'll search for authoritative information on this specific patent number, including any 2026 court activity. Let me check for litigation and any 2026 appellate activity. Let me pin down the exact claim set and any recent…
- US 7814598I'll search for authoritative information on this specific patent number, including any 2026 CAFC activity. Let me check specifically for any 2026 CAFC activity tied to this patent number. Let me check for any 2026 litigation activity…
- US 9743705I'll search for authoritative information on US 9743705, including any 2026 CAFC docket activity. Let me dig into the litigation record and any Federal Circuit activity tied to this patent. Let me verify which patents were at issue in the…
- US 11707105I'll verify current litigation/docket status for this specific patent before compiling the summary. US Patent 11,707,105 B2 — Analyst Summary Sourcing note: I do not have direct API access to USPTO PatentCenter/PTAB or the CAFC docket. The…
- US 9924758I'll search for information about US patent 9924758, including USPTO records and any CAFC 2026 docket activity. Let me dig deeper into litigation history and check for any CAFC 2026 activity specifically naming this patent. Let me check…
- US 9907350I'll search for authoritative information on this specific patent number and verify against the provided full text. Let me verify a few specifics: the litigation references and current legal status. US 9,907,350 B2 — quick-reference…
- US 9510636I'll run targeted searches for this specific patent number, its litigation/PTAB history, and any 2026 CAFC activity. Let me check specifically for any CAFC 2026 appellate activity and confirm the current litigation posture. US Patent…
This patent in court (1)
1 tracked lawsuit name US 10098411.