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Nike V New Balance
Nike V New Balance
Defendant.
Plaintiff Nike, Inc. (“Nike”) for its Complaint against Defendant New Balance Athletics,
decade of Nike’s research and development, and it has been hailed as “the most groundbreaking
sneaker innovation in over 40 years.” 1 Nike’s Flyknit technology provides a novel method of
designing and manufacturing shoe uppers, which enables Nike to create footwear with excellent
performance, design, and aesthetics—all while reducing materials and waste. An early example
1
Carly Fink, Nike: Sustainability and Innovation through Flyknit Technology, N.Y.U. STERN
CTR. FOR SUSTAINABLE BUS. (August 2016), available at:
https://www.stern.nyu.edu/sites/default/files/assets/documents/Nike_Carly_04.2017%20-%20Copy.pdf.
Case 1:23-cv-12666-JCB Document 1 Filed 11/06/23 Page 2 of 29
2. Nike has taken steps to protect its Flyknit technologies by filing and obtaining
3. Due to the success of Flyknit, many of Nike’s competitors have copied and made
unauthorized use of Nike’s Flyknit technologies. Nike has enforced its patents against those
companies. See, e.g., Nike, Inc. v. PUMA North America, Inc., Case No. 1:18-cv-10875 (D.
Mass); Nike, Inc. v. adidas AG et al., Case No. 3:21-cv-01780-YY (D. Oregon); In re: Certain
Knitted Footwear, Inv. No. 337-TA-1289 (U.S.I.T.C.); Nike, Inc. v. lululemon usa inc., Case No.
1:23-cv-00771-JPO (S.D.N.Y.).
4. New Balance has likewise used Nike’s Flyknit technologies without authorization.
Despite several communications from Nike, New Balance has refused to cease its infringement of
Nike’s patents. Instead, New Balance has only escalated the scope of its infringing activities.
THE PARTIES
5. Nike is a corporation organized under the laws of the State of Oregon with a
corporation with its principal place of business at 100 Guest Street, Boston, Massachusetts 02135.
New Balance operates retail stores, advertises, markets, distributes, and/or sells retail merchandise
7. This is an action for patent infringement arising under the patent laws of the United
States, 35 U.S.C. § 100 et seq. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§
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8. This Court has personal jurisdiction over New Balance because New Balance is at
home in Massachusetts, being incorporated in and having its principal place of business there.
Further, New Balance has committed, and continues to commit, acts of infringement in this
District, has conducted business in this District, and/or has engaged in continuous and systematic
9. Venue is proper in this District pursuant to 28 U.S.C. § 1400 because New Balance
is headquartered in this District, maintains a regular and established place of business in this
District, and has committed, and continues to commit, acts of infringement in this District,
including but not limited to making, using, offering to sell, selling, and/or importing products that
FACTUAL BACKGROUND
10. Nike’s principal business activity is the design, development and worldwide
marketing and selling of athletic footwear, apparel, and equipment. Nike invests heavily in
research, design, and development, and those efforts are key to Nike’s success. Nike’s investments
have led to many innovative technologies and products that enhance athletic performance, reduce
injury, and maximize comfort. Flyknit is one example of Nike’s relentless commitment to
revolutionary technology.
11. Relevant to this dispute, Nike owns all right, title, and interest in, and has the right
to sue and recover for past, present, and future infringement of, the patents directed to its Flyknit
technology as claimed in U.S. Patent Nos. 8,266,749; 8,898,932; 9,060,562; 9,510,636; 9,730,484;
9,907,350; 9,918,511; 9,924,758; and 11,707,105 (collectively, the “Asserted Patents”). The U.S.
Patent and Trademark Office duly and legally issued each of the Asserted Patents. A true and
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correct copy of each of the Asserted Patents is attached as an exhibit to the Complaint as shown
12. Nike gives the public notice of at least the asserted ’749, ’932, ’562, ’350, and ’511
patents by marking its products pursuant to 35 U.S.C § 287(a), including by virtually marking
products at http://www.nike.com/patentsvirtualmarking.
13. On January 31, 2023, Nike sent a letter to New Balance, setting forth its
infringement claims as to certain Nike patents. Ex. 1, Letter from Fogarty to Gauron and Enclosed
14. On March 3, 2023, Nike sent a second letter to New Balance, reiterating its
infringement claims and demanding that New Balance cease its infringing activities. Ex. 2, Letter
15. On September 1, 2023, Nike sent a third letter to New Balance regarding its
infringement of the Nike patents, identifying additional New Balance products that infringe Nike’s
patents. Ex. 3, Letter from Fogarty to Dewar (September 1, 2023). Nike again demanded that
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16. New Balance continues to make, use, offer for sale, sell, and/or import into the
United States products that practice the claimed inventions of the Asserted Patents. On information
and belief, New Balance continues to introduce new and additional knit footwear styles. New
Balance’s infringement is accelerating in breath and scope despite notice from Nike.
17. New Balance’s products that infringe claims of the Asserted Patents include at least
the Fresh Foam More Trail v3, Fresh Foam X 1080 Unlaced, Fresh Foam X 1080 v12, Fresh Foam
X 860 v13, Fresh Foam X Evoz v3 Slip Resistant, Fresh Foam X More v4, Fresh Foam X Vongo
v5, FuelCell MD-X, FuelCell Propel v4, FuelCell Rebel v3, FuelCell SuperComp Elite v3,
FuelCell SuperComp Trainer, FuelCell SuperComp XC-X, FuelCell SD100 v5, Furon V6+ Pro
FG, Furon V7 Pro FG, Tekela v3+ Pro FG, Tekela v4 Magia FG, Tekela v4 Pro FG, Tekela v4 Pro
Low FG , and XC Seven v4 footwear products shown below (the “Infringing Products”).
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FuelCell SD100 v5
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18. On information and belief, New Balance sells and offers to sell the Infringing
19. On information and belief, New Balance sells the Infringing Products directly to
20. New Balance has infringed, and continues to infringe, the Asserted Patents by
making, using, selling, offering to sell, and/or importing the Infringing Products in this District
and elsewhere in the United States without the consent or authorization of Nike.
21. Nike re-alleges and incorporates by reference the allegations set forth in paragraphs
22. U.S. Patent No. 8,266,749 (the “’749 patent”) is generally directed to a method of
manufacturing an article of footwear with a textile element, where the textile element is
simultaneously knitted with a surrounding textile structure, and the textile element has a knitted
texture that differs from the knitted texture in the surrounding textile structure.
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24. On information and belief, New Balance directly infringes at least claim 1 of the
’749 patent under at least § 271(g). For example, New Balance imports into the United States at
least the Fresh Foam X 860 v13, Fresh Foam X More v4, FuelCell SuperComp Trainer, FuelCell
Rebel v3, FuelCell Propel v4, Fresh Foam More Trail v3, XC Seven v4, FuelCell SuperComp XC-
X, and FuelCell SD100 v5 (the “’749 Infringing Products”), which, as shown in greater detail in
Exhibit 13 attached hereto, were manufactured using a process that satisfies each and every
limitation of claim 1 because, on information and belief, New Balance manufactures (or has
manufactured for it) those shoes by simultaneously knitting a textile element with a surrounding
textile structure, the knitted textile element having at least one knitted texture that differs from a
knitted texture in the surrounding knitted textile structure; removing the knitted textile element
from the surrounding knitted textile structure; and incorporating the knitted textile element into
25. On information and belief, the ’749 Infringing Products are not materially changed
by subsequent processes after importation, nor do those products become a trivial or nonessential
26. On information and belief, New Balance has actively induced and is actively
inducing infringement of at least claim 1 of the ’749 patent with specific intent to induce
infringement, and/or willful blindness to the possibility that its acts induce infringement, in
violation of 35 U.S.C. § 271(b). For example, on information and belief, New Balance encourages
and induces its third-party manufacturer(s) to manufacture or import the ’749 Infringing Products.
As a further example, on information and belief, New Balance also encourages and induces its
“Authorized New Balance Dealers,” wholesale customers, and distributor customers to import the
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27. Nike has suffered, and continues to suffer, economic harm as a result of New
28. New Balance’s activities have caused and will continue to cause Nike irreparable
injury for which there is no adequate remedy at law unless this Court enjoins New Balance’s
29. On information and belief, New Balance’s infringement of the ’749 patent will
30. Nike re-alleges and incorporates by reference the allegations set forth in paragraphs
31. U.S. Patent No. 8,898,932 (the “’932 patent”) is generally directed to an article of
footwear that includes an upper comprising a knitted component that includes a foot part and an
ankle part, and a skin layer that is thermally bonded to the knitted component and covers at least a
portion of the foot part, but is absent from the ankle part, of the knitted component.
33. On information and belief, New Balance directly infringes at least claim 11 of the
’932 patent under at least § 271(a) by making, using, offering for sale, and/or selling footwear
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products that infringe one or more claims of the ’932 patent, literally or under the doctrine of
equivalents. For example, New Balance sells at least the Tekela v4 Pro FG, Tekela v4 Pro Low
FG, Tekela v4 Magia FG, Tekela v3+ Pro FG, FuelCell SuperComp Elite v3, FuelCell Propel v4,
FuelCell SuperComp XC-X, FuelCell SD100 v5, and XC Seven v4 (the “’932 Infringing
Products”), which, as shown in greater detail in Exhibit 14 attached hereto, are, on information
and belief, an article of footwear having an upper and a sole structure secured to the upper, the
upper comprising a knitted component that includes (a) a foot part for covering at least a portion
of a foot of a wearer and (b) an ankle part for covering at least a portion of an ankle of the wearer,
the foot part and the ankle part being formed of unitary knit construction, and a skin layer that is
thermally bonded to the knitted component, the skin layer covering at least a portion of the foot
part of the knitted component and forming a portion of an exterior surface of the upper, the skin
layer being absent from the ankle part of the knitted component.
34. On information and belief, New Balance has actively induced and is actively
inducing infringement of at least claim 11 of the ’932 patent with specific intent to induce
infringement, and/or willful blindness to the possibility that its acts induce infringement, in
violation of 35 U.S.C. § 271(b). For example, on information and belief, New Balance encourages
and induces its third-party manufacturer(s) to manufacture or import the ’932 Infringing Products.
As a further example, on information and belief, New Balance encourages and induces its
“Authorized New Balance Dealers,” wholesale customers, and distributor customers to sell, offer
35. Nike has suffered, and continues to suffer, economic harm as a result of New
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36. New Balance’s activities have caused and will continue to cause Nike irreparable
injury for which there is no adequate remedy at law unless this Court enjoins New Balance’s
37. On information and belief, New Balance’s infringement of the ’932 patent will
38. Nike re-alleges and incorporates by reference the allegations set forth in paragraphs
39. U.S. Patent No. 9,060,562 (the “’562 patent”) is generally directed to a method of
manufacturing a knitted component for an article of footwear, the method including knitting an
upper with an integral knit tongue during a knitting process, where the integral knit tongue extends
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41. On information and belief, New Balance directly infringes at least claim 1 of the
’562 patent under at least § 271(g). For example, New Balance imports into the United States at
least the FuelCell SuperComp Elite v3 (the “’562 Infringing Product”), which, as shown in greater
detail in Exhibit 15 attached hereto, was manufactured using a process that satisfies each and every
limitation of claim 1 because, on information and belief, New Balance manufactures (or has
manufactured for it) those shoes by knitting a portion of the knitted component defining an upper
with a knitting machine, the upper including a portion of at least one of an exterior surface of the
knitted component and an opposite interior surface of the knitted component, and knitting an
integral knit tongue that is of unitary knit construction with the upper with the knitting machine,
the integral knit tongue extending through a throat area of the knitted component, wherein the
integral knit tongue is joined by knitting with the knitting machine to: (1) a forward portion of the
throat area, and (2) at least along a portion of both of a lateral side and a medial side of the throat
area of the knitted component extending through a portion of a length of the throat area in a
longitudinal direction from the forward portion to an ankle opening of the upper.
42. On information and belief, the ’562 Infringing Product is not materially changed
by subsequent processes after importation, nor does that product become a trivial or nonessential
43. On information and belief, New Balance has actively induced and is actively
inducing infringement of at least claim 1 of the ’562 patent with specific intent to induce
infringement, and/or willful blindness to the possibility that its acts induce infringement, in
violation of 35 U.S.C. § 271(b). For example, on information and belief, New Balance encourages
and induces its third-party manufacturer(s) to manufacture or import the ’562 Infringing Product.
As a further example, on information and belief, New Balance also encourages and induces its
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“Authorized New Balance Dealers,” wholesale customers, and distributor customers to import the
44. Nike has suffered, and continues to suffer, economic harm as a result of New
45. New Balance’s activities have caused and will continue to cause Nike irreparable
injury for which there is no adequate remedy at law unless this Court enjoins New Balance’s
46. On information and belief, New Balance’s infringement of the ’562 patent will
47. Nike re-alleges and incorporates by reference the allegations set forth in paragraphs
48. U.S. Patent No. 9,510,636 (the “’636 patent”) is generally directed to an article of
footwear that incorporates a knitted component having an upper and an integral knit tongue, where
the integral knit tongue is formed of unitary knit construction with the upper and extends through
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50. On information and belief, New Balance directly infringes at least claim 1 of the
’636 patent under at least § 271(a) by making, using, offering for sale, and/or selling footwear
products that infringe one or more claims of the ’636 patent, literally or under the doctrine of
equivalents. For example, New Balance sells at least the FuelCell SuperComp Elite v3 (the “’636
Infringing Product”), which, as shown in greater detail in Exhibit 16 attached hereto, includes, on
information and belief, an article of footwear having an upper and a sole structure secured to the
upper, the article of footwear incorporating a knitted component comprising a portion of the knitted
component defining the upper, the upper including a portion of at least one of an exterior surface
of the knitted component and an opposite interior surface of the knitted component, the interior
surface defining a void for receiving a foot, and an integral knit tongue formed with the upper and
extending through a throat area of the knitted component, and at least one raised element extending
a height above the exterior surface of the knitted component, wherein the integral knit tongue is
joined to a forward portion of the throat area and at least along a portion of a lateral side and a
medial side of the throat area of the knitted component extending from the forward portion to an
51. On information and belief, New Balance has actively induced and is actively
inducing infringement of at least claim 1 of the ’636 patent with specific intent to induce
infringement, and/or willful blindness to the possibility that its acts induce infringement, in
violation of 35 U.S.C. § 271(b). For example, on information and belief, New Balance encourages
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and induces its third-party manufacturer(s) to manufacture or import the ’636 Infringing Product.
As a further example, on information and belief, New Balance encourages and induces its
“Authorized New Balance Dealers,” wholesale customers, and distributor customers to sell, offer
52. Nike has suffered, and continues to suffer, economic harm as a result of New
53. New Balance’s activities have caused and will continue to cause Nike irreparable
injury for which there is no adequate remedy at law unless this Court enjoins New Balance’s
54. On information and belief, New Balance’s infringement of the ’636 patent will
55. Nike re-alleges and incorporates by reference the allegations set forth in paragraphs
56. U.S. Patent No. 9,730,484 (the “’484 patent”) is generally directed to an article of
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58. On information and belief, New Balance directly infringes at least claim 1 of the
’484 patent under at least § 271(a) by making, using, offering for sale, and/or selling footwear
products that infringe one or more claims of the ’484 patent, literally or under the doctrine of
equivalents. For example, New Balance sells at least the Fresh Foam X 1080 v12, Fresh Foam X
Vongo v5, Fresh Foam X 1080 UNLACED, Fresh Foam X 860 v13, Fresh Foam X More v4,
FuelCell SuperComp Trainer, FuelCell MD-X, FuelCell Rebel v3, Tekela v3+ Pro FG, Tekela v4
Magia FG, Tekela v4 Pro FG, Tekela v4 Pro Low FG, Furon V7 Pro FG, Furon V6+ Pro FG,
FuelCell SuperComp Elite v3, FuelCell Propel v4, Fresh Foam More Trail v3, XC Seven v4,
FuelCell SuperComp XC-X, Fresh Foam X Evoz v3 Slip Resistant, and FuelCell SD100 v5 (the
“’484 Infringing Products”), which, as shown in greater detail in Exhibit 17 attached hereto,
include, on information and belief, an article of footwear comprising an upper including a flat-
knitted element formed from at least one yarn mechanically manipulated in a flat-knitting process,
the flat-knitted element including a first layer having a central portion having a domed, three-
dimensional structure configured for extending over the top of a foot, a first side portion being
formed of unitary construction with the central portion and extending from a first side of the central
portion, and a second side portion being formed of unitary construction with the central portion
and extending from a second side opposite the first side of the central portion, the domed, three-
dimensional structure shaped to extend above the plane of the first side portion and the second side
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59. On information and belief, New Balance has actively induced and is actively
inducing infringement of at least claim 1 of the ’484 patent with specific intent to induce
infringement, and/or willful blindness to the possibility that its acts induce infringement, in
violation of 35 U.S.C. § 271(b). For example, on information and belief, New Balance encourages
and induces its third-party manufacturer(s) to manufacture or import the ’484 Infringing Products.
As a further example, on information and belief, New Balance encourages and induces its
“Authorized New Balance Dealers,” wholesale customers, and distributor customers to sell, offer
60. Nike has suffered, and continues to suffer, economic harm as a result of New
61. New Balance’s activities have caused and will continue to cause Nike irreparable
injury for which there is no adequate remedy at law unless this Court enjoins New Balance’s
62. On information and belief, New Balance’s infringement of the ’484 patent will
63. Nike re-alleges and incorporates by reference the allegations set forth in paragraphs
64. U.S. Patent No. 9,907,350 (the “’350 patent”) is generally directed to an article of
footwear that includes an upper comprising a flat knit textile element having a plurality of apertures
in a forefoot region, a nontextile element secured to the portion of the flat knit textile element
defining the heel region; one or more strips of non-textile material secured to the flat knit textile
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66. On information and belief, New Balance directly infringes at least claim 1 of the
’350 patent under at least § 271(a) by making, using, offering for sale, and/or selling footwear
products that infringe one or more claims of the ’350 patent, literally or under the doctrine of
equivalents. For example, New Balance sells at least the Fresh Foam X 1080 v12, Fresh Foam X
Vongo v5, Fresh Foam X 1080 UNLACED, Fresh Foam X Evoz v3 Slip Resistant, and FuelCell
SuperComp Elite v3 (the “’350 Infringing Products”), which, as shown in greater detail in Exhibit
18 attached hereto, contain, on information and belief, an upper for an article of footwear, the
upper comprising a flat knit textile element having (1) flat knit edges free of surrounding textile
structure such that the flat knit edges are not surrounded by textile structure from which the flat
knit textile element must be removed, and (2) a plurality of apertures formed by omitting stitches
in a first portion of the flat knit textile element defining a forefoot region of the upper, a non-textile
element secured to a second portion of the flat knit textile element defining the heel region of the
upper, and one or more strips of non-textile material secured to a third portion of the flat knit textile
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67. On information and belief, New Balance has actively induced and is actively
inducing infringement of at least claim 1 of the ’350 patent with specific intent to induce
infringement, and/or willful blindness to the possibility that its acts induce infringement, in
violation of 35 U.S.C. § 271(b). For example, on information and belief, New Balance encourages
and induces its third-party manufacturer(s) to manufacture or import the ’350 Infringing Products.
As a further example, on information and belief, New Balance encourages and induces its
“Authorized New Balance Dealers,” wholesale customers, and distributor customers to sell, offer
68. Nike has suffered, and continues to suffer, economic harm as a result of New
69. New Balance’s activities have caused and will continue to cause Nike irreparable
injury for which there is no adequate remedy at law unless this Court enjoins New Balance’s
70. On information and belief, New Balance’s infringement of the ’350 patent will
71. Nike re-alleges and incorporates by reference the allegations set forth in paragraphs
72. U.S. Patent No. 9,918,511 (the “’511 patent”) is generally directed to an upper for
an article of footwear, which comprises a flat knit textile having first and second knit strips that
have different properties and that are positioned adjacent to each other along the lateral or medial
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74. On information and belief, New Balance directly infringes at least claim 1 of the
’511 patent under at least § 271(a) by making, using, offering for sale, and/or selling footwear
products that infringe one or more claims of the ’511 patent, literally or under the doctrine of
equivalents. For example, New Balance sells at least the Fresh Foam X 1080 v12, Fresh Foam X
Vongo v5, Fresh Foam X 1080 UNLACED, FuelCell SuperComp Trainer, FuelCell MD-X, Tekela
v4 Magia FG, Tekela v4 Pro FG, Tekela v4 Pro Low FG, FuelCell SuperComp Elite v3, Fresh
Foam X Evoz v3 Slip Resistant (the “’511 Infringing Products”), which, as shown in greater detail
in Exhibit 19 attached hereto, contain, on information and belief, an upper for an article of
footwear, the upper comprising a flat knit textile element comprising (1) flat knit edges free of
surrounding textile structure such that the flat knit edges are not surrounded by textile structure
from which the textile element must be removed, at least one flat knit edge being a curved flat knit
edge, and (2) a first knit strip having a first property and a second knit strip having a second
property that is different from the first property, wherein the first knit strip and the second knit
strip are positioned adjacent to each other along one or more of a lateral side and a medial side of
the upper.
75. On information and belief, New Balance has actively induced and is actively
inducing infringement of at least claim 1 of the ’511 patent with specific intent to induce
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infringement, and/or willful blindness to the possibility that its acts induce infringement, in
violation of 35 U.S.C. § 271(b). For example, on information and belief, New Balance encourages
and induces its third-party manufacturer(s) to manufacture or import the ’511 Infringing Products.
As a further example, on information and belief, New Balance encourages and induces its
“Authorized New Balance Dealers,” wholesale customers, and distributor customers to sell, offer
76. Nike has suffered, and continues to suffer, economic harm as a result of New
77. New Balance’s activities have caused and will continue to cause Nike irreparable
injury for which there is no adequate remedy at law unless this Court enjoins New Balance’s
78. On information and belief, New Balance’s infringement of the ’511 patent will
79. Nike re-alleges and incorporates by reference the allegations set forth in paragraphs
80. U.S. Patent No. 9,924,758 (the “’758 patent”) is generally directed to an article of
footwear that includes an upper comprising a knit textile element at least partially defining a
forefoot region and a heel region with knit columns of the knit textile element have a knitting
direction parallel to the longitudinal axis between the forefoot region and the heel region; a non-
textile element secured to the heel region of the upper; and a plurality of strips of non-textile
material that are spaced apart and parallel to each other on a lateral side of the upper.
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82. On information and belief, New Balance directly infringes at least claim 1 of the
’758 patent under at least § 271(a) by making, using, offering for sale, and/or selling footwear
products that infringe one or more claims of the ’758 patent, literally or under the doctrine of
equivalents. For example, New Balance sells at least the Fresh Foam X 1080 v12, Tekela v4 Pro
FG, Tekela v4 Pro Low FG, Furon V7 Pro FG, Furon V6+ Pro FG, and FuelCell SuperComp Elite
v3 (the “’758 Infringing Products”), which, as shown in greater detail in Exhibit 20 attached hereto,
contain, on information and belief, an upper for an article of footwear, the upper comprising a knit
textile element having knit edges free of surrounding textile structure such that the knit edges are
not surrounded by textile structure from which the textile element must be removed, the knit
element at least partially defining a forefoot region and a heel region and having a longitudinal
axis extending between the forefoot region and the heel region, wherein knit columns of the knit
textile element have a knitting direction parallel to the longitudinal axis between the forefoot
region and the heel region, a non-textile element secured to a first portion of the knit textile element
defining the heel region of the upper, and a plurality of strips of non-textile material secured to a
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second portion of the knit textile element on a lateral side of the upper, the strips of non-textile
material being spaced apart and parallel to each other on the lateral side.
83. On information and belief, New Balance has actively induced and is actively
inducing infringement of at least claim 1 of the ’758 patent with specific intent to induce
infringement, and/or willful blindness to the possibility that its acts induce infringement, in
violation of 35 U.S.C. § 271(b). For example, on information and belief, New Balance encourages
and induces its third-party manufacturer(s) to manufacture or import the ’758 Infringing Products.
As a further example, on information and belief, New Balance encourages and induces its
“Authorized New Balance Dealers,” wholesale customers, and distributor customers to sell, offer
84. Nike has suffered, and continues to suffer, economic harm as a result of New
85. New Balance’s activities have caused and will continue to cause Nike irreparable
injury for which there is no adequate remedy at law unless this Court enjoins New Balance’s
86. On information and belief, New Balance’s infringement of the ’758 patent will
87. Nike re-alleges and incorporates by reference the allegations set forth in paragraphs
88. U.S. Patent No. 11,707,105 (the “’105 patent”) is generally directed to an article of
footwear having a knitted component including an upper and an integral knit ankle cuff, where the
upper and the ankle cuff are formed as a one-piece knit element.
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90. On information and belief, New Balance directly infringes at least claim 15 of the
’105 patent under at least § 271(a) by making, using, offering for sale, and/or selling footwear
products that infringe one or more claims of the ’105 patent, literally or under the doctrine of
equivalents. For example, New Balance sells at least the Tekela v4 Pro Low FG (the “’105
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Infringing Products”), which, as shown in greater detail in Exhibit 21 attached hereto, include, on
information and belief, a soccer shoe having a plurality of ground-engaging cleat members, the
soccer shoe having an upper comprising a knitted component, the knitted component extending
through a forefoot region, a midfoot region, a heel region, a lateral side, a medial side, and an
instep area extending between the lateral side and the medial side, wherein the instep area is joined
through knitting to each of the lateral side and the medial side of the upper, a plurality of outer
lace apertures disposed at a first location along the instep area on each of the lateral side and the
medial side of the upper, a plurality of inner lace apertures disposed at a second location along the
instep area on each of the lateral side and the medial side of the upper, wherein the second location
is located more inward toward a middle of the upper than the first location, a lace that extends
through an inner lace aperture of the plurality of inner lace apertures on the medial side of the
upper, extends under the knitted component along an interior surface of the upper, and then exits
the knitted component through an outer lace aperture of the plurality of outer lace apertures on the
medial side of the upper, wherein after exiting the knitted component through the outer lace
aperture on the medial side of the upper, the lace extends across the instep area along an exterior
surface of the upper and extends through an inner lace aperture of the plurality of inner lace
apertures on the lateral side of the upper, extends under the knitted component along the interior
surface of the upper, and then exits the knitted component through an outer lace aperture of the
plurality of outer lace apertures on the lateral side of the upper, and a sole structure secured to the
upper, the sole structure comprising the plurality of ground-engaging cleat members.
91. On information and belief, New Balance has actively induced and is actively
inducing infringement of at least claim 15 of the ’105 patent with specific intent to induce
infringement, and/or willful blindness to the possibility that its acts induce infringement, in
26
Case 1:23-cv-12666-JCB Document 1 Filed 11/06/23 Page 27 of 29
violation of 35 U.S.C. § 271(b). For example, on information and belief, New Balance encourages
and induces its third-party manufacturer(s) to manufacture or import the ’105 Infringing Products.
As a further example, on information and belief, New Balance encourages and induces its
“Authorized New Balance Dealers,” wholesale customers, and distributor customers to sell, offer
92. Nike has suffered, and continues to suffer, economic harm as a result of New
93. New Balance’s activities have caused and will continue to cause Nike irreparable
injury for which there is no adequate remedy at law unless this Court enjoins New Balance’s
94. On information and belief, New Balance’s infringement of the ’105 patent will
JURY DEMAND
95. Pursuant to Federal Rule of Civil Procedure 38(b), Nike hereby demands a jury trial
WHEREFORE, Nike respectfully requests that this Court enter judgment against New
B. A finding that the New Balance has infringed claims of the following U.S. Patents
under 35 U.S.C. § 271(a), (b), and/or (g): U.S. Patent Nos. 8,266,749, 8,898,932, 9,060,562,
27
Case 1:23-cv-12666-JCB Document 1 Filed 11/06/23 Page 28 of 29
C. An award of damages against New Balance adequate to compensate Nike for the
infringement, but in no event less than a reasonable royalty as permitted under 35 U.S.C. § 284,
D. A finding that New Balance’s infringement is and has been willful, and a judgment
that Nike is entitled to discretionary enhancement of its damages and other relief as provided by
35 U.S.C. § 284.
of its subsidiaries, successors, parents, affiliates, officers, directors, agents, servants, employees,
F. Such other relief that Nike is entitled to under law and any other and further relief
28
Case 1:23-cv-12666-JCB Document 1 Filed 11/06/23 Page 29 of 29
[email protected]
Miranda Hallett (pro hac vice to be filed)
[email protected]
ARNOLD & PORTER KAYE SCHOLER LLP
601 Massachusetts Ave. NW
Washington, DC 20001
Telephone: (202) 942-6745
29
Case 1:23-cv-12666-JCB Document 1-1 Filed 11/06/23 Page 1 of 3
Exhibit 1
Case 1:23-cv-12666-JCB Document 1-1 Filed 11/06/23 Page 2 of 3
\
January 31, 2023
Paul Gauron
General Counsel, New Balance
100 Guest St.
Brighton, Massachusetts 02135
We are writing to you today because our companies have litigated in the past and members
of your legal team have asked that we reach out to discuss concerns before filing a lawsuit.
As you know, Nike owns a broad portfolio of global intellectual property rights protecting
its years-long research and development efforts into knitted footwear upper technologies,
including but not limited to patented innovations that Nike uses with its Flyknit footwear
products. It has come to our attention that New Balance is promoting and offering for sale
footwear products that incorporate Nike’s patented inventions without Nike’s authorization
or approval. New Balance has recently introduced a number of new infringing products.
Specifically, at this time, New Balance is promoting and offering for sale a number of
footwear products that infringe claims in at least the following of Nike’s U.S. Patents:
8,898,932; 9,907,350; 9,918,511; 9,924,758; 9,986,781; and 8,266,749 (collectively, the
“Patents”)1. At this time, New Balance’s infringing products include at least the following
styles: Fresh Foam X 1080 v12; Fresh Foam X Vongo v5; FuelCell SuperComp Trainer;
Tekela v4 Magia FG; Tekela v4 Pro FG; FuelCell MD-X; Fresh Foam X 1080 UNLACED;
Furon V7 Pro FG; Furon V6+ Pro FG; Tekela v3+ Pro FG; Fresh Foam X 860 v13;
FuelCell Rebel v3; and Fresh Foam X More v4 (the “Infringing Products”). Included with
this letter are representative, non-limiting claim charts demonstrating how the Infringing
Products infringe the Patents.
1
Copies of these patents are included for your reference and we encourage you to review these assets and
other Nike assets if you have not already.
1
Case 1:23-cv-12666-JCB Document 1-1 Filed 11/06/23 Page 3 of 3
----,
Paul Gauron
January 31, 2023
Page 2
1:18-cv-10875 (D. Mass); Nike, Inc. v. adidas AG et al., Case No. 3:21-cv-01780-YY (D.
Oregon); In re: Certain Knitted Footwear, Inv. No. 337-TA-1289 (U.S.I.T.C.); Nike, Inc.
v. lululemon usa inc., Case No. 1:23-cv-00771-JPO (S.D.N.Y.).
We trust you understand Nike must protect its valuable intellectual property rights, and, as
it has done in the past, will seek the assistance of a federal court if needed to protect its
rights. That said, we hope to work with you in the spirit of cooperation on the terms of an
amicable resolution. To move this process forward, please provide a substantive response
to the issues raised herein by February 14, 2023. We will understand your failure or refusal
to provide a substantive response by this date as an indication that you do not wish to
discuss the terms of a resolution.
Please note that we are writing you today regarding this specific issue and Nike reserves
any and all rights and remedies it may have against your company.
Sincerely, ~~~
#~/~~
Brian M. Fogarty
VP, Global Litigation and Investigations
2
Case 1:23-cv-12666-JCB Document 1-2 Filed 11/06/23 Page 1 of 6
Exhibit 2
Case 1:23-cv-12666-JCB Document 1-2 Filed 11/06/23 Page 2 of 6
March 3, 2023
Gary Dewar
Associate General Counsel
New Balance Athletics, Inc.
190 Merrimack Street
Lawrence, MA 01843
Thank you for your letter dated February 14, 2023, regarding the above-referenced matter.
New Balance’s non-infringement and invalidity contentions are incorrect for a number of
reasons, including the reasons we detail below. New Balance’s accused shoes and their
methods of manufacture do not differ at all, let alone substantially, from Nike’s claims.
Nike requests that New Balance immediately cease-and-desist making, using, offering for
sale, selling, and importing the accused shoes. Alternatively, if you would like to discuss
an amicable resolution, please contact me by no later than March 7, 2023. If New Balance
does not immediately cease-and-desist, or if we do not hear from you by March 7, 2023,
we will understand New Balance does not wish to discuss the terms of a resolution and we
will proceed accordingly.
New Balance’s non-infringement contentions are incorrect for at least two reasons.
First, you incorrectly contend Nike’s claims require a skin layer that is “directly thermally
bonded to the underlying knit component and that is not attached to the knit component by
stitching or by the use of adhesives or cement.” The claims do not exclude the use of
adhesives. In fact, the specification expressly discloses that, “[i]n some
situations . . . stitching or adhesives may be utilized to supplement the thermal bond or the
joining of elements through thermal bonding.” ’932 Patent, 12:15–17.
Gary Dewar
February 28, 2023
Page 2
Nike did not disclaim the use of adhesives during prosecution. Nike distinguished U.S.
Patent No. 2,147,197 (“Glidden”) because Glidden does not teach - or even make reference
to—thermal bonding. August 27, 2014, Reply to Office Action at 8–9. As Nike explained,
Glidden teaches a textile upper with a rubber part that is “cemented” to the textile upper.
Id. at 8. Nike also explained that Glidden taught away from thermal bonding because “[i]f
one were to attempt to thermally bond the rubber part 28 onto the textile upper 27, there
would likely be a large amount of heated rubber that would be in a molten or semi-molten
state.” Id. at 9. As such, “[i]t would be difficult, if not impossible, to contain the rubber, to
prevent the heated rubber from unintentionally running away from the textile upper 27,
and/or to ensure that the rubber part 28 covers the desired portions of the textile upper 27.”
Id. Nike continued that “even assuming that the rubber part 28 could be thermally bonded
to the textile upper 27, the bulkiness of the rubber part 28 would likely cause the rubber
part 28 to delaminate from the textile upper 27 when upper 27 flexes.” Id.
Nike’s remarks distinguishing Glidden do not narrow the claims to exclude the use of
adhesives. Nike never argued a thermally bonded skin layer could not also include the use
of adhesives as disclosed in the specification. Thus, New Balance’s use of thermal bonding
and adhesives to attach the outer layer of the accused shoes to the uppers does not avoid
the claims.
Second, you incorrectly contend New Balance “does precisely what was taught by”
Glidden. We have reproduced Figures 6 and 7 of Glidden below. As shown in these figures,
Glidden taught an “integral rubber covering 28” that included “sole 29.” New Balance’s
accused shoes do not have an integral rubber covering that includes a sole.
Gary Dewar
February 28, 2023
Page 3
New Balance’s non-infringement contentions are incorrect for at least three reasons.
First, you incorrectly contend Nike’s claims preclude any cutting of the textile element,
including post-knitting cutting as a finishing process, regardless of whether the textile
element contains uncut edges. Neither the plain language of the claims nor the Federal
Circuit’s holding in Nike Inc. v adidas AG, No. 2014-1719 (Fed. Cir. Feb. 11, 2016) support
that misinterpretation of the claims.
Second, you incorrectly contend the upper components of New Balance’s accused shoes
are formed “by using uppers that have [] been cut from a larger textile web.” As shown in
the examples below, the upper components of the accused shoes have uncut edges.
Flat knit,
knit to
shape edges
In any event, even if the upper components of New Balance’s accused shoes are all cut
from a larger textile web as you incorrectly contend, the accused shoes infringe at least the
claims of Nike’s ’749 Patent discussed below.
Third, you incorrectly contend New Balance’s accused shoes do not include apertures
“formed by omitting stitches” because the accused shoes utilize tuck stitching and/or a
Gary Dewar
February 28, 2023
Page 4
racking and transferring process in the locations we identified as containing apertures. But
each of those processes are methods for creating apertures by omitting stitches.
New Balance’s non-infringement and invalidity contentions are incorrect for at least two
reasons.
First, you incorrectly contend Nike’s claims require “rough stitching” or “ribbed knit”
textures in the upper of the shoe that differ from a “smooth” texture in the rest of the upper.
The claims do not require differing textures in the upper of the shoe. Rather, the claims
require one knitted texture on the knitted textile element that “differs from a knitted texture
in the surrounding knitted textile structure” from which the knitted textile element is
removed. ’749 Patent, claim 1.
In any event, even if Nike’s claims require differing textures in the upper of the shoe as
you incorrectly contend, New Balance’s accused shoes still infringe. The specification
provides many examples of differing textures, including a “texture 46’ that is generally
smooth”; a “texture 47’ that is a plurality of longitudinal ribs”; a “texture ‘47”, which is
generally rough in comparison with first texture 46’; and a “texture 48” [which] is formed
to include a plurality of apertures that extend through textile element 40’.” 9:7-10; 9:32-
37; 9:47-49. As shown in the examples below, the uppers of New Balance’s accused shoes
have two or more of those types of differing textures.
Gary Dewar
February 28, 2023
Page 5
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Second, you incorrectly contend Nike’s claims are invalid based on U.S. Patent No.
6,299,962 (“Davis”), alone or in combination with U.S. Patent No. 1,841,701 (“Berger”).
Nike’s claims have successfully withstood numerous invalidity challenges at the PTAB
and in federal courts. Davis and Berger are no better than the prior art references Nike
defeated in those prior challenges. In fact, they are less relevant. Davis is not related to knit
fabrics or knit footwear. Berger is directed to creating delicate transparent areas using silk
or rayon and discloses the production of continuous fabrics—not the production of
elements. Neither reference discloses the limitations of Nike’s claims.
Sincerely,
Brian M. Fogarty
VP, Global Litigation and Investigations
Exhibit 3
Case 1:23-cv-12666-JCB Document 1-3 Filed 11/06/23 Page 2 of 3
September 1, 2023
Via E-Mail
Gary Dewar
Associate General Counsel, New Balance
5 South Union St. Lawrence, Massachusetts 01843
[email protected]
Dear Gary,
We wrote to you on January 31, 2023, notifying you that New Balance is infringing
multiple Nike patents, including U.S. Patent Nos. 8,898,932; 9,907,350; 9,918,511;
9,924,758; 9,986,781; and 8,266,749. We identified thirteen infringing New Balance
products and provided representative, non-limiting claim charts supporting those claims.
We wrote to you again on March 3, 2023, reiterating our claims.
We asked you to cease your infringing activities. New Balance has refused to cease its
infringing activities.
To the contrary, since our last letter New Balance significantly escalated and expanded
the scope of its infringement. For example, New Balance introduced a number of
additional products that infringe the previously identified patents: New Balance’s
FuelCell Super Comp Elite v3, FuelCell Propel v4, Fresh Foam More Train v3, XC
Seven v4, FuelCell SuperComp XC-X. These additional products also infringe other
Nike patents, including Nike’s U.S. Patent Nos. 9,060,562; 9,510,636; 9,730,484; and
11,707,105. A summary of Nike’s infringement allegations—including the additional
products and patents identified in this letter—is provided below.
Style ’749 ’350 ’511 ’758 ’932 ’562 ’636 ’484 ’105
Fresh Foam More Train v3
Fresh Foam X 1080 Unlaced
Fresh Foam X 1080 v12
Fresh Foam X 860 v13
Fresh Foam X Evoz v3 Slip
Resistant
Fresh Foam X More v4
Fresh Foam X Vongo v5
1
Case 1:23-cv-12666-JCB Document 1-3 Filed 11/06/23 Page 3 of 3
Gary Dewar
September 1, 2023
Page 2
Style ’749 ’350 ’511 ’758 ’932 ’562 ’636 ’484 ’105
FuelCell MD-X
FuelCell Propel v4
FuelCell Rebel v3
FuelCell SuperComp Elite v3
FuelCell SuperComp Trainer
FuelCell SuperComp XC-X
Furon V6+ Pro FG
Furon V7 Pro FG
Tekela v3+ Pro FG
Tekela v4 Magia FG
Tekela v4 Pro FG
Tekela v4 Pro Low FG
XC Seven v4
In view of New Balance’s continued and willful infringement of Nike’s patents, Nike is
left with few options unless New Balance immediately agrees to cease all infringing
activities and appropriately compensate Nike for New Balance’s infringement.
Enjoy the end of summer and have a good Labor Day Weekend.
Sincerely,
Brian M. Fogarty
VP, Global Litigation and Investigations
Enclosures
2
Case 1:23-cv-12666-JCB Document 1-4 Filed 11/06/23 Page 1 of 22
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US 8,266,749 B2
1 2
ARTICLE OF FOOTWEAR HAVING A may be formed from a synthetic or natural textile. The exte-
TEXTILE UPPER rior layer of the upper may be formed, therefore, from numer-
ous material elements that each impart different properties to
CROSS-REFERENCE TO RELATED specific portions of the upper.
APPLICATIONS An intermediate layer of the upper may be formed from a
lightweight polymer foam material that provides cushioning
This U.S. patent application is a continuation application and protects the foot from objects that may contact the upper.
of and claims priority to U.S. patent application Ser. No. Similarly, an interior layer of the upper may be formed of a
12/879,517, filed Sep. 10, 2010, which is a continuation moisture-wicking textile that removes perspiration from the
application of and claims priority to U.S. patent application 10 area immediately surrounding the foot. In some articles of
Ser. No. 12/032,995, filed Feb. 18, 2008, which is a divisional athletic footwear, the various layers may be joined with an
application of and claims priority to U.S. patent application adhesive, and stitching may be utilized to join elements
Ser. No. 10/791,289, filed Mar. 3, 2004, now U.S. Pat. No. within a single layer or to reinforce specific areas of the upper.
7,347,011, issued Mar. 25, 2008, each of which are being Although the materials selected for the upper vary signifi-
entirely incorporated herein by reference. 15 cantly, textile materials often form at least a portion of the
exterior layer and interior layer. A textile may be defined as
BACKGROUND OF THE INVENTION any manufacture from fibers, filaments, or yarns character-
ized by flexibility, fineness, and a high ratio of length to
1. Field of the Invention thickness. Textiles generally fall into two categories. The first
The present invention relates to footwear. The invention 20 category includes textiles produced directly from webs of
concerns, more particularly, an article of footwear incorpo- filaments or fibers by randomly interlocking to construct non-
rating an upper that is at least partially formed from a textile woven fabrics and felts. The second category includes textiles
material. formed through a mechanical manipulation of yarn, thereby
2. Description of Background Art producing a woven fabric, for example.
Conventional articles of athletic footwear include two pri- 25 Yarn is the raw material utilized to form textiles in the
mary elements, an upper and a sole structure. The upper second category. In general, yam is defined as an assembly
provides a covering for the foot that securely receives and having a substantial length and relatively small cross-section
positions the foot with respect to the sole structure. In addi- that is formed of at least one filament or a plurality of fibers.
tion, the upper may have a configuration that protects the foot Fibers have a relatively short length and require spinning or
and provides ventilation, thereby cooling the foot and remov- 30 twisting processes to produce a yam of suitable length for use
ing perspiration. The sole structure is secured to a lower in textiles. Common examples of fibers are cotton and wool.
surface of the upper and is generally positioned between the Filaments, however, have an indefinite length and may merely
foot and the ground. In addition to attenuating ground reac- be combined with other filaments to produce a yarn suitable
tion forces and absorbing energy (i.e., imparting cushioning), for use in textiles. Modern filaments include a plurality of
the sole structure may provide traction and control potentially 35 synthetic materials such as rayon, nylon, polyester, and poly-
harmful foot motion, such as over pronation. Accordingly, the acrylic, with silk being the primary, naturally-occurring
upper and the sole structure operate cooperatively to provide exception. Yam may be formed of a single filament, which is
a comfortable structure that is suited for a wide variety of conventionally referred to as a monofilament yarn, or a plu-
ambulatory activities, such as walking and running The gen- rality of individual filaments grouped together. Yam may also
eral features and configuration of the conventional upper are 40 include separate filaments formed of different materials, or
discussed in greater detail below. the yarn may include filaments that are each formed of two or
The upper forms a void on the interior of the footwear for more different materials. Similar concepts also apply to yarns
receiving the foot. The void has the general shape of the foot, formed from fibers. Accordingly, yarns may have a variety of
and access to the void is provided by an ankle opening. configurations that generally conform to the definition pro-
Accordingly, the upper extends over the instep and toe areas 45 vided above.
of the foot, along the medial and lateral sides of the foot, and The various techniques for mechanically manipulating
around the heel area of the foot. A lacing system is often yarn into a textile include interweaving, intertwining and
incorporated into the upper to selectively increase the size of twisting, and interlooping. Interweaving is the intersection of
the ankle opening and permit the wearer to modify certain two yarns that cross and interweave at right angles to each
dimensions of the upper, particularly girth, to accommodate 50 other. The yams utilized in interweaving are conventionally
feet with varying proportions. In addition, the upper may referred to as warp and weft. Intertwining and twisting
include a tongue that extends under the lacing system to encompasses procedures such as braiding and knotting where
enhance the comfort of the footwear, and the upper may yarns intertwine with each other to form a textile. Interloop-
include a heel counter to limit movement of the heel. ing involves the formation of a plurality of colunms of inter-
Various materials may be utilized in manufacturing the 55 meshed loops, with knitting being the most common method
upper. The upper of an article of athletic footwear, for of interlooping.
example, may be formed from multiple material layers that The textiles utilized in footwear uppers generally provide a
include an exterior layer, an intermediate layer, and an inte- lightweight, air-permeable structure that is flexible and com-
rior layer. The materials forming the exterior layer of the fortably receives the foot. In order to impart other properties
upper may be selected based upon the properties of wear- 60 to the footwear, including durability and stretch-resistance,
resistance, flexibility, and air-permeability, for example. With additional materials are commonly combined with the textile,
regard to the exterior layer, the toe area and the heel area may including leather, synthetic leather, or rubber, for example.
be formed ofleather, synthetic leather, or a rubber material to With regard to durability, U.S. Pat. No. 4,447,967 to Zaino
impart a relatively high degree of wear-resistance. Leather, discloses an upper formed of a textile material that has a
synthetic leather, and rubber materials may not exhibit the 65 polymer material injected into specific zones to reinforce the
desired degree of flexibility and air-permeability. Accord- zones against abrasion or other forms of wear. Regarding
ingly, various other areas of the exterior layer of the upper stretch resistance, U.S. Pat. No. 4,813,158 to Brown and U.S.
Case 1:23-cv-12666-JCB Document 1-4 Filed 11/06/23 Page 17 of 22
US 8,266,749 B2
3 4
Pat. No. 4,756,098 to Boggia both disclose a substantially FIG. 1 is a lateral elevational view of an article of footwear
inextensible material that is secured to the upper, thereby having an upper in accordance with the present invention.
limiting the degree of stretch in specific portions of the upper. FIG. 2 is a lateral elevational view of the upper.
From the perspective of manufacturing, utilizing multiple FIG. 3 is a top plan view of the upper.
materials to impart different properties to an article of foot- 5 FIG. 4 is a rear elevational view of the upper.
wear may be an inefficient practice. For example, the various FIG. 5 is a bottom plan view of the upper.
materials utilized in a conventional upper are not generally FIG. 6 is a first cross-sectional view of the upper, as defined
obtained from a single supplier. Accordingly, a manufactur-
by section line 6-6 in FIG. 2.
ing facility must coordinate the receipt of specific quantities
FIG. 7 is a second cross-sectional view of the upper, as
of materials with multiple suppliers that may have distinct
business practices or may be located in different regions or
10 defined by section line 7-7 in FIG. 2.
countries. The various materials may also require additional FIG. 8 is a plan view of a textile element that forms at least
machinery or different assembly line techniques to cut or a portion of the upper.
otherwise prepare the material for incorporation into the foot- FIG. 9 is a perspective view of a textile structure that
wear. In addition, incorporating separate materials into an incorporates two of the textile element.
upper may involve a plurality of distinct manufacturing steps 15 FIG. 10 is a plan view of another textile element.
requiring multiple individuals. Employing multiple materi- FIG. 11 is a plan view of yet another textile element.
als, in addition to textiles, may also detract from the FIG. 12 is a lateral elevational view of another article of
breathability of footwear. Leather, synthetic leather, or rub- footwear having an upper in accordance with the present
ber, for example, are not generally permeable to air. Accord- invention.
ingly, positioning leather, synthetic leather, or rubber on the 20 FIG.13 is a lateral elevational view of yet another article of
exterior of the upper may inhibit air flow through the upper, footwear having an upper in accordance with the present
thereby increasing the amount of perspiration, water vapor, invention.
and heat trapped within the upper and around the foot. FIG. 14 is a cross-sectional view of the footwear depicted
in FIG. 13, as defined by section line 14-14.
SUMMARY OF THE INVENTION 25
DETAILED DESCRIPTION OF THE INVENTION
The present invention is an upper for an article of footwear,
the upper incorporating a textile element formed with a knit- The following discussion and accompanying figures dis-
ting machine, for example. In one aspect of the invention, the close an article of footwear 10 and a method of manufacturing
textile element has edges that are joined together to define at 30 footwear 10, or components thereof, in accordance with the
least a portion of a void for receiving a foot. In another aspect present invention. Footwear 10 is depicted in the figures and
of the invention, the textile element has a first area and a discussed below as having a configuration that is suitable for
second area of unitary construction. The first area is formed of athletic activities, particularly running The concepts dis-
a first stitch configuration, and the second area is formed of a closed with respect to footwear 10 may, however, be applied
second stitch configuration that is different from the first 35 to footwear styles that are specifically designed for a variety
stitch configuration to impart varying textures to a surface of of other athletic activities, including basketball, baseball,
the textile element. The knitting machine may have a con- football, soccer, walking, and hiking, for example, and may
figuration that forms the textile element through either warp also be applied to various non-athletic footwear styles.
knitting or weft knitting. Accordingly, one skilled in the relevant art will recognize that
Another aspect of the invention involves a method of 40 the concepts disclosed herein may be applied to a wide range
manufacturing an article of footwear. The method includes a of footwear styles and are not limited to the specific embodi-
step of mechanically-manipulating a yam with a circular ments discussed below and depicted in the figures.
knitting machine, for example, to form a cylindrical textile The primary elements of footwear 10 are depicted in FIG.
structure. In addition, the method involves removing at least 1 as being a sole structure 20 and an upper 30. Sole structure
one textile element from the textile structure, and incorporat- 45 20 is secured to a lower portion of upper 30 and provides a
ing the textile element into an upper of the article of footwear. durable, wear-resistant component that imparts cushioning as
In another aspect of the invention, an article of footwear footwear 10 impacts the ground. Upper 30 is at least partially
has an upper and a sole structure secured to the upper. The formed from a textile element 40 that defines an interior void
upper incorporates a textile element formed with a knitting for comfortably receiving a foot and securing a position of the
machine. The textile element is removed from a textile struc- 50 foot relative to sole structure 20. Various edges of textile
ture that includes an outline of the textile element, and the element 40 are then secured together to form the shape of
textile element has edges that are joined together to define at upper 30. In some embodiments, textile element 40 may form
least a portion of a void for receiving a foot. substantially all ofupper 30, or textile element 40 may only be
The advantages and features of novelty characterizing the a portion of an upper.
present invention are pointed out with particularity in the 55 Sole structure 20 has a generally conventional configura-
appended claims. To gain an improved understanding of the tion that includes a midsole 21 and an outsole 22. Midsole 21
advantages and features of novelty, however, reference may is secured to a lower portion of upper 30 and is formed of a
be made to the following descriptive matter and accompany- polymer foam material, such as ethylvinylacetate or polyure-
ing drawings that describe and illustrate various embodi- thane. Accordingly, midsole 21 attenuates ground reaction
ments and concepts related to the invention. 60 forces and absorbs energy (i.e., provides cushioning) as sole
structure 20 impacts the ground. To enhance the force attenu-
DESCRIPTION OF THE DRAWINGS ation and energy absorption characteristics of sole structure
20, midsole 21 may incorporate a fluid-filled bladder, as dis-
The foregoing Summary of the Invention, as well as the closed in U.S. Pat. Nos. 4,183,156 and 4,219,945 to Rudy.
following Detailed Description of the Invention, will be better 65 Alternately or in combination, midsole 21 may incorporate a
understood when read in conjunction with the accompanying plurality of discrete, colunmar support elements, as disclosed
drawings. in U.S. Pat. Nos. 5,343,639 and 5,353,523 to Kilgore et al.
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Outsole 22 is secured to a lower surface of midsole 21 and (4) a second portion of seam 53 is formed by securing an edge
may be formed from carbon black rubber compound to pro- 43c with an edge 43d; (5) a first portion of seam 54 is formed
vide a durable, wear-resistant surface for engaging the by securing an edge 44a with an edge 44b; and (6) a second
ground. Outsole 22 may also incorporate a textured lower portion of seam 54 is formed by securing an edge 44c with an
surface to enhance the fraction characteristics of footwear 10. 5 edge 44d. Referring to FIG. 8, the positions ofregions 31-35
In addition, footwear 10 may include an insole (not depicted), and ankle opening 36 are identified to provide a frame of
which is a relatively thin, cushioning member located within reference relating to the various portions of textile element
upper 30 and adjacent to a plantar surface of the foot for 40.
enhancing the comfort of footwear 10. In order to join edges 41a and 41b to form seam 51, textile
Sole structure 20 is described above as having the elements 10 element 40 is folded or otherwise overlapped such that edge
of a conventional sole structure for athletic footwear. Other 41a is placed adjacent to edge 41b. Stitching, an adhesive, or
footwear styles, including, dress shoes and boots, for heat bonding, for example, is then utilized to secure edge 41a
example, may have other types of conventional sole struc- and edge 41b. Textile element 40, as depicted in FIG. 8, has a
tures specifically tailored for use with the respective types of generally planar configuration. Upon the formation of seam
footwear. In addition to a conventional configuration, how- 15 51, however, one portion of textile element 40 overlaps the
ever, sole structure 20 may also exhibit a unique, non-con- other portion of textile element 40. The volume between the
ventional structure. Accordingly, the particular configuration overlapping portions effectively forms a portion of the void
of sole structure 20 may vary significantly within the scope of within upper 30 for receiving the foot.
the present invention to include a wide range of configura- The folding or overlapping of textile element 40 to form
tions, whether conventional or non-conventional. 20 seam 51 places edge 42a adjacent to edge 42b, which facili-
Upper 30 is depicted in FIGS. 2-7 as having a lateral region tates the formation of seam 52. With reference to FIG. 8, an
31, an opposite medial region 32, an instep region 33, a lower edge 45 forms a generally u-shaped area in textile element 40.
region 34, and a heel region 35. Lateral region 31 extends Upon the joining of edges 42a and 42b to form seam 52, the
through a longitudinal length of footwear 10 and is generally u-shaped area becomes an aperture in textile element 40 and
configured to contact and cover a lateral side of the foot. 25 effectively forms ankle opening 36. Each of edges 43a-43d
Medial region 32 has a similar configuration that generally and edges 44a-44d are formed from a generally v-shaped area
corresponds with a medial side of the foot. Instep region 33 is of textile element 40. Accordingly, seams 53 and 54 may be
positioned between lateral region 31 and medial region 32, formed by closing the v-shaped areas and securing the various
and instep region 33 extends over an instep area of the foot. edges together.
Lower region 34 forms a bottom surface of upper 30 and also 30 Following the formation of each of seams 51-54, the manu-
extends through the longitudinal length of footwear 10. Heel facturing of upper 30 is essentially complete. Various finish-
region 35 forms a rear portion of upper 30 and is generally ing steps may be performed, such as reinforcing ankle open-
configured to contact and cover a heel area of the foot. In ing 36, for example. Upper 30 (i.e., textile element 40) is then
addition, lateral region 31, medial region 32, instep region 33, secured to sole structure 20, with an adhesive, for example.
and heel region 35 cooperatively define an ankle opening 36 35 The insole is then placed into the void within upper 30 and
for providing the foot with access to the void within upper 30. adjacent to lower region 34. In some embodiments, various
Upper 30 is at least partially formed from textile element reinforcing members may be added to the exterior or interior
40, which forms regions 31-35, and may also include laces or surface of upper 20 in order to limit the degree of stretch in
other elements associated with a conventional upper for foot- upper 20 or provide enhanced wear-resistance. In addition, a
wear. Textile element 40 is a single material element that is 40 lacing system may be added to provide adjustability.
formed to exhibit a unitary (i.e., one-piece) construction, and Textile element 40 is a single material element with a
textile element 40 is formed or otherwise shaped to extend unitary construction, as discussed above. As defined for pur-
around the foot. As depicted in FIGS. 2-7, textile element 40 poses of the present invention, unitary construction is
forms both an exterior surface and an interior surface of upper intended to express a configuration wherein portions of a
30. Textile element 40 may be formed as a part of a larger 45 textile element are not joined together by seams or other
textile element. Textile element 40 is then removed from the connections, as depicted with textile element 40 in FIG. 8.
larger textile element and various edges of textile element 40 Although the various edges 4la-44d are joined together to
are secured together to form the shape of upper 30.A plurality form seams 51-54, the various portions of textile element 40
of seams 51-54 are formed, therefore, when joining the edges are formed as an unitary element without seams, as discussed
of the textile element. Seam 51 extends along the longitudinal 50 below.
length oflower region 34 and is centrally-located with respect Textile element 40 is primarily formed from one or more
to lateral region 31 and medial region 32. Seam 52 is also yarns that are mechanically-manipulated through either an
centrally-located and extends upward along heel region 35. A interweaving, intertwining and twisting, or interlooping pro-
seam 53 is positioned in a forefoot area of upper 30 and joins cess, for example. As discussed in the Background of the
a portion oflower region 34 with both oflateral region 31 and 55 Invention section above, interweaving is the intersection of
medial region 32. In addition, a seam 54 is positioned in a rear two yarns that cross and interweave at right angles to each
area of upper 30 and joins a portion of lower region 34 with other. The yarns utilized in interweaving are conventionally
heel region 35. referred to as warp and weft. Intertwining and twisting
Textile element 40 exhibits the general shape depicted in encompasses procedures such as braiding and knotting where
FIG. 8 prior to the formation of seams 51-54. Following 60 yarns intertwine with each other to form a textile. Interloop-
formation of seams 51-54, however, textile element 40 exhib- ing involves the formation of a plurality of colunms of inter-
its the shape ofupper 30 depicted in FIGS. 2-7. Seams 51-54 meshed loops, with knitting being the most common method
are formed by securing various edges of textile element 40 of interlooping. Textile element 40 may, therefore, be formed
together. More specifically, (1) seam 51 is formed by securing from one of these processes for manufacturing a textile.
an edge 41a with an edge 41b; (2) seam 52 is formed by 65 A variety of mechanical processes have been developed to
securing an edge 42a with an edge 42b; (3) a first portion of manufacture a textile. In general, the mechanical processes
seam 53 is formed by securing an edge 43a with an edge 43b may be classified as either warp knitting or weft knitting. With
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regard to warp knitting, various specific sub-types that may be 60. That is, the wide-tube circular knitting machine may be
utilized to manufacture a textile include tricot, raschel, and programmed to form different types of stitches in textile
double needle-bar raschel (which further includes jacquard structure 60 so as to outline one or more textile elements 40.
double needle-bar raschel). With regard to weft knitting, vari- Each textile element 40 is then removed from textile structure
ous specific sub-types that may be utilized to manufacture a 5 60 with a die-cutting, laser-cutting, or other conventional
textile include circular knitting and flat knitting. Various types cutting operation. Once textile element 40 is removed from
of circular knitting include sock knitting (narrow tube), body textile structure 60, seams 51-54 may be formed and textile
garment (seamless or wide tube), and jacquard. element 40 may be incorporated into footwear 10.
Textile element 40 may be formed through any of the The yam forming textile element 40 may be generally
mechanical processes discussed above. Accordingly, textile 10 defined as an assembly having a substantial length and rela-
element 40 may be formed on either a warp knitting machine tively small cross-section that is formed of at least one fila-
or a weft knitting machine. One suitable knitting machine for ment or a plurality of fibers. Fibers have a relatively short
forming textile element 40 is a wide-tube circular knit jac- length and require spinning or twisting processes to produce
quard machine. Another suitable knitting machine for form- a yam of suitable length for use in an interlooping process.
ing textile element 40 is a wide-tube circular knitting machine 15 Common examples of fibers are cotton and wool. Filaments,
that is produced in the Lonati Group by Santoni S.p.A. ofltaly however, have an indefinite length and may merely be com-
under the SM8 TOPI model number. This Santoni S.p.A. bined with other filaments to produce a yam suitable for use
wide-tube circular knitting machine may form a textile struc- in an interlooping process. Modern filaments include a plu-
ture having a diameter that ranges from 10 inches to 20 rality of synthetic materials such as rayon, nylon, polyester,
inches, with 8 feeds for each diameter. The machine exhibits 20 and acrylic, with silk being the primary, naturally-occurring
a maximum 140 revolutions per minute for 10 inch diameters, exception. Yarn may be formed of a single filament (conven-
and a maximum 120 revolutions per minute for 13 inch diam- tionally referred to as a monofilament yarn) or a plurality of
eters. Furthermore, the machine gauge is variable between individual filaments. Yam may also be formed of separate
16, 22, 24, 26, 28, and 32 needles per inch, and is suitable for filaments formed of different materials, or the yarn may be
various needle gauges ranging from 48 to 75. 25 formed of filaments that are each formed of two or more
A wide-tube circular knitting machine, as produced by different materials. Similar concepts also apply to yams
Santoni S.p.A., forms a generally cylindrical textile structure formed from fibers. Accordingly, yarns may have a variety of
and is capable of forming various types of stitches within a configurations within the scope of the present invention that
single textile structure. In general, the wide-tube circular generally conform to the definition provided above.
knitting machine may be programmed to alter the design on 30 In order to provide the stretch and recovery properties to
the textile structure through needle selection. That is, the type upper 30, and particularly textile element 40, a yam that
of stitch that is formed at each location on the textile structure incorporates an elastane fiber may be utilized. Elastane fibers
may be selected by programming the wide-tube circular knit- are available from E.I. duPont de Nemours Company under
ting machine such that specific needles either accept or do not the LYCRA trademark. Such fibers may have the configura-
accept yam at each stitch location. In this manner, various 35 tion of covered LYCRA, wherein the fiber includes a LYCRA
patterns, textures, or designs may be selectively and purpose- core that is surrounded by a nylon sheath. One suitable yam,
fully imparted to the textile structure. for example, includes a 70 denier elastane core that is covered
An example of a textile structure 60 that may be formed with nylon having a 2 ply, 80 denier, 92 filament structure.
with a wide-tube circular knitting machine is depicted in FIG. Other fibers or filaments exhibiting elastic properties may
9. Textile structure 60 has a generally cylindrical configura- 40 also be utilized.
tion, and the types of stitches vary throughout textile structure As discussed above, a yarn that incorporates elastane fibers
60 so that a pattern is formed with the outline of textile is suitable for textile element 40. A plurality of other yarns,
element 40. That is, differences in the stitches within textile whether elastic or inelastic, are also suitable for textile ele-
structure 60 form an outline with the shape and proportions of ment 40. The characteristics of the yam selected for textile
textile element 40. 45 element 40 depend primarily upon the materials that form the
The Santoni S.p.A. wide-tube circular knitting machine various filaments and fibers. Cotton, for example, provides a
may form a textile structure having a diameter that ranges soft hand, natural aesthetics, and biodegradability. Elastane
from 10 inches to 16 inches, as discussed above. Assuming fibers, as discussed above, provide substantial stretch and
that textile structure 60 exhibits a diameter of 10 inches, then recoverability. Rayon provides high luster and moisture
the circumference of textile structure 60 is approximately 31 50 absorption. Wool also provides high moisture absorption, in
inches. In many circumstances, the total width of textile ele- addition to insulating properties. Polytetrafluoroethylene
ment 40 will be approximately 12 inches, depending upon the coatings may provide a low friction contact between the tex-
size of footwear 10. The outlines for at least two textile tile and the skin. Nylon is a durable and abrasion-resistant
elements 40 may, therefore, be formed on textile structure 60. material with high strength. Finally, polyester is a hydropho-
Referring to FIG. 9, the outline of textile element 40 is 55 bic material that also provides relatively high durability.
depicted on a front portion of textile structure 60, and the Accordingly, the materials comprising the yam may be
outline of another textile element 40 is depicted on a rear selected to impart a variety of physical properties to textile
portion of textile structure 60. Accordingly, a first textile element 40, and the physical properties may include, for
element 40 and a second textile element 40 may be simulta- example, strength, stretch, support, stiffness, recovery, fit,
neously formed in a single textile structure 60. As the diam- 60 and form.
eter of textile element 60 is increased or the width of textile Textile element 40 is depicted as having a generally
element 40 decreases, however, an even greater number of smooth, non-varied stitch configuration. That is, similar
textile elements 40 may be outlined on textile structure 60. stitches are utilized throughout textile element 40 to impart a
Textile structure 60 may be formed with a wide-tube cir- common texture to the various portions of textile element 40.
cular knitting machine, as discussed above. The types of 65 As discussed above, however, a wide-tube circular knitting
stitches that form textile structure 60 may be varied to form an machine is generally capable of forming various types of
outline of one or more textile elements 40 on textile structure stitches within a single textile structure. The wide-tube cir-
Case 1:23-cv-12666-JCB Document 1-4 Filed 11/06/23 Page 20 of 22
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cular knitting machine may, therefore, vary the stitches within be utilized to impart different properties. The types of knitting
textile element 40 to produce various patterns, designs, or that may be utilized to form different zones with different
textures, for example. Various types of stitches may also be properties (e.g., yam characteristics, textures, etc.) may vary
formed with other types of knitting machines. With reference significantly to include the various warp knitting and weft
to FIG. 10, a textile element 40' with the general shape of 5 knitting processes discussed earlier, such as tricot, raschel,
textile element 40 is depicted as having various areas with double needle-bar raschel, circular knitting, and flat knitting,
different textures. For example, a central area that corre- for example.
sponds with instep region 33 has a first texture 46' that is An article of footwear 110 is depicted in FIG. 12 and
generally smooth. In addition, textile element 40' includes a includes a sole structure 120 and an upper 130. Upper 130
second texture 47' that is a plurality oflongitudinal ribs. When 10 includes a textile element 140 having the general configura-
incorporated into footwear 10, the ribs will extend longitudi- tion of textile element 40. As with textile element 40, textile
nally along lateral region 31 and medial region 32, and the element 140 forms both an exterior surface and an interior
ribs may extend into heel region 35. The ribs may be present surface of upper 130. In addition, upper 130 includes a lace
for aesthetic purposes, or may affect the stretch properties of 131 and a plurality of elements 132-135 that also form a
upper 20, for example. Accordingly, textile element 40' 15 portion of the exterior surface. Lace 131 extends through a
exhibits areas with different textures in a single element of plurality of apertures formed in textile element 140. The
textile material. apertures may be formed by omitting stitches at specific loca-
Many conventional articles of footwear incorporate uppers tions. Element 132 is positioned in a forefoot area of footwear
with various material elements that each exhibit different 110 and may be formed of leather or rubber, for example, to
properties. For example, a first material element may be 20 provide additional wear-resistance. Element 133 extends
smooth, and a second material element may be textured. The around the ankle opening to reinforce and limit stretch in the
first and second material elements are then stitched together area of the ankle opening. Element 134 extends around the
to form a portion of the conventional upper. Textile element heel region to counter movement of the heel and seat the heel
40' also exhibits smooth and textured areas. In contrast with above sole structure 120. Furthermore, elements 135 are sub-
the conventional upper, however, first texture 46' and second 25 stantially inextensible strips of material, such as leather or
texture 47' are incorporated into a single, unitary element of synthetic leather, that limit stretch on the lateral side of foot-
textile, rather than two separate elements that are stitched or wear 110. Whereas upper 30 was almost exclusively formed
otherwise joined together. by textile element 40, upper 130 also includes lace 131 and
A textile structure 40" is depicted in FIG. 11 and has the elements 132-135. Accordingly, an upper in accordance with
general shape of both textile element 40 and textile element 30 the present invention may incorporate a plurality of additional
40'. Textile element 40" includes areas with three different components.
textures. A first texture 46" is generally smooth and has the Another article of footwear 210 is depicted in FIGS. 13-14
configuration of various strips that extends laterally across and includes a sole structure 220 and an upper 230. Upper 230
areas corresponding with lateral region 31, medial region 32, includes a textile element 240 that forms an interior layer. In
and instep region 33. Various portions of textile element 40" 35 addition, upper 230 includes an intermediate layer 250 and an
also include a second texture 47", which is generally rough in exterior layer 260. As discussed in the Background of the
comparison with first texture 46". In addition, the area of Invention section above, the upper of a conventional article of
textile element 40" corresponding with instep region 33 footwear may be formed from multiple material layers that
includes a third texture 48". The different textures 46"-48" are include an exterior layer, a intermediate layer, and an interior
formed by merely varying the type of stitch formed by the 40 layer. The materials forming the exterior layer of the upper
wide-tube circular knitting machine at each location of textile may be selected based upon the properties of wear-resistance,
element 40". Textures 46"-48" may exhibit aesthetic differ- flexibility, and air-permeability, for example. The intermedi-
ences, or the differences may be structural. For example, the ate layer of the upper may be formed from a lightweight
degree of stretch in areas with textures 46"-48" may be dif- polymer foam material that provides cushioning and protects
ferent, or the wear resistance of the areas may vary depending 45 the foot from objects that may contact the upper. Similarly, an
upon the stitch utilized. The air-permeability of textile ele- interior layer of the upper may be formed of a moisture-
ment 40" may also vary in the different areas. Third texture wicking textile that removes perspiration from the area imme-
48" is formed to include a plurality of apertures that extend diately surrounding the foot.
through textile element 40". The apertures may be formed by Upper 230 has a configuration that is similar to the con-
omitting stitches at specific locations during the wide-tube 50 figuration of the conventional upper in that various material
circular knitting process, and the apertures facilitate the trans- layers are utilized. In contrast with the conventional upper,
fer of air between the void within upper 20 and the area however, the interior layer is formed of textile element 240,
outside of upper 20. Accordingly, the various stitches formed which is manufactured through the process discussed above.
in textile element 40", or one of textile elements 40 or 40', That is, textile element 240 is a single element of textile that
may be utilized to vary the texture, physical properties, or 55 forms the interior layer of upper 230. A benefit to utilizing
aesthetics of footwear 10 within a single, unitary element of textile element 240 for the interior layer is that textile element
material. 240 includes few seams that may contact the foot. In addition,
In addition to varying the stitch types to form textures the stitches utilized at various locations of textile element 240
46'-47' and 46"-48", the type of yarn utilized in various areas may modify the texture of the interior surface of upper 230,
of textile elements 40' and 40" may be changed to impart 60 thereby limiting the degree of slip that occurs between the
different properties. As discussed above, yarn may be formed foot and upper 230 or enhancing the air-permeability of upper
from cotton, wool, elastane, rayon, nylon, and polyester, for 230 in specific locations.
example. Each of these yam types may impart differing prop- Various warp knitting or weft knitting processes may be
erties to the areas corresponding with textures 46'-47' and utilized to form textile element 40, or the various other textile
46"-48". For example, elastane may be utilized to impart 65 elements discussed above. An advantage of this process is that
stretch, wool may be utilized for insulation, and nylon may be various stitches may be incorporated into specific locations of
utilized for durability. Accordingly, different yam types may textile element 40 to modify the physical properties or aes-
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thetics of textile element 40. Whereas a conventional upper 7. The method of claim 6, wherein the longitudinal edges
includes various elements that stitched or adhesively joined, are joined together to define at least a portion of a void for
textile element 40 is a single, unitary element of material. receiving a foot.
From the perspective of manufacturing, utilizing multiple 8. The method of claim 1, wherein the knitted textile ele-
materials to impart different properties to an article of foot- 5 ment has a plurality of different knitted textures formed by
wear may be an inefficient practice. By forming textile ele- varying at least one of the stitch type and the yam type.
ment 40 to be a single, unitary element of material, however, 9. The method of claim 1, wherein simultaneously knitting
efficiency is increased in that upper 20 may include a single a textile element with a surrounding textile structure includes
textile element, rather than numerous joined elements. utilizing a wide-tube circular knitting machine.
A variety of knitting processes may be utilized to form 10 10. The method of claim 1, wherein simultaneously knit-
textile element 40, as discussed above. As a specific example, ting a textile element with a surrounding textile structure
a jacquard double needle-bar raschel knitting machine may includes utilizing a jacquard double needle-bar raschel knit-
be utilized to form a flat textile structure, and may also be ting machine.
utilized to form the textile structure to have the configuration 11. The method of claim 1, wherein simultaneously knit-
of a spacer mesh textile. Unlike textile structure 60, which 15 ting a textile element with a surrounding textile structure
exhibits a generally cylindrical configuration, the textile includes forming the knitted textile element to include a first
structure formed with the jacquard double needle-bar raschel area and a second area with a unitary construction, the first
knitting machine will have a flat configuration. Like textile area being formed of a first stitch configuration, and the
structure 60, however, an outline of a textile element may be second area being formed of a second stitch configuration that
imparted to the textile structure formed with the jacquard 20 is different from the first stitch configuration to impart vary-
double needle-bar raschel knitting machine. That is, differ- ing textures to a surface of the knitted textile element.
ences in the stitches within the textile structure may form an 12. The method of claim 1, wherein incorporating the
outline with the shape and proportions of the intended textile knitted textile element into the article of footwear includes
element. Accordingly, the textile element may be removed securing edges of the knitted textile element to form a seam
from the textile structure and incorporated into footwear 10. 25 that extends along a lower region of an upper and securing the
In addition, the jacquard double needle-bar raschel knitting upper to a sole structure.
machine may be utilized to impart various textures, different 13. A method of manufacturing an article of footwear, the
properties, or different yarn types to the textile element. Simi- method comprising:
larly, other types of knitting, such as a flat knitting, may be knitting a first textile element and a second textile element
utilized within the scope of the present invention to impart 30 simultaneously with knitting a surrounding textile struc-
various textures, different properties, or different yarn types ture, the first knitted textile element located within a first
to the textile element. portion of the knitted textile structure, the second knitted
The present invention is disclosed above and in the accom- textile element located within a second portion of the
panying drawings with reference to a variety of embodiments. knitted textile structure,
The purpose served by the disclosure, however, is to provide 35 varying at least one of the types of stitches or the types of
an example of the various features and concepts related to the yarns in the knitted textile structure to impart a texture to
invention, not to limit the scope of the invention. One skilled the first and second knitted textile elements different
in the relevant art will recognize that numerous variations and from a texture of the knitted textile structure extending
modifications may be made to the embodiments described between the first and second portions;
above without departing from the scope of the present inven- 40 removing the first and second knitted textile elements from
tion, as defined by the appended claims. the knitted textile structure;
We claim: incorporating at least one of the first and second knitted
1. A method of manufacturing an article of footwear, the textile elements into the article of footwear.
method comprising: 14. The method of claim 13, wherein knitting a first textile
simultaneously knitting a textile element with a surround- 45 knitted element simultaneously with a surrounding knitted
ing textile structure, the knitted textile element having at textile structure includes knitting an outline of the first knitted
least one knitted texture that differs from a knitted tex- textile element.
ture in the surrounding knitted textile structure; 15. The method of claim 13, wherein the first and second
removing the knitted textile element from the surrounding textile knitted elements have substantially planar configura-
knitted textile structure; 50 tions upon removal from the surrounding knitted textile struc-
incorporating the knitted textile element into the article of ture.
footwear. 16. The method of claim 13, wherein the first knitted textile
2. The method of claim 1, wherein simultaneously knitting element includes longitudinal edges formed when the first
a textile element with a surrounding textile structure includes knitted textile element is removed from the surrounding knit-
simultaneously knitting a plurality of textile elements. 55 ted textile structure.
3. The method of claim 1, wherein simultaneously knitting 17. The method of claim 16, wherein the longitudinal edges
a textile element with a surrounding textile includes knitting are joined together to define at least a portion of a void for
an outline of the knitted textile element. receiving a foot.
4. The method of claim 3, wherein the outline has the shape 18. The method of claim 16, wherein incorporating the first
and proportion of the knitted textile element. 60 knitted textile element into the article of footwear includes
5. The method of claim 1, wherein the knitted textile ele- securing the longitudinal edges of the first knitted textile
ment has a substantially planar configuration upon removal element to form a seam that extends along a lower region of an
from the surrounding knitted textile structure. upper.
6. The method of claim 1, wherein the knitted textile ele- 19. The method of claim 13, wherein knitting the first and
ment includes longitudinal edges formed when the knitted 65 second knitted textile elements simultaneously with a sur-
textile element is removed from the surrounding knitted tex- rounding knitted textile structure includes utilizing a wide-
tile structure. tube circular knitting machine.
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20. The method of claim 13, wherein knitting the first and unitary construction, the first area being formed of a first
second textile knitted elements simultaneously with a sur- stitch configuration, and the second area being formed of a
rounding knitted textile structure includes utilizing a jacquard second stitch configuration that is different from the first
double needle-bar raschel knitting machine. stitch configuration to impart varying textures to a surface of
21. The method of claim 13, wherein knitting the first 5 the first knitted textile element.
knitted textile element simultaneously with a surrounding
knitted textile structure includes forming the first knitted
textile element to include a first area and a second area with a * * * * *
Case 1:23-cv-12666-JCB Document 1-5 Filed 11/06/23 Page 1 of 47
Exhibit 5
Case 1:23-cv-12666-JCB Document 1-5 Filed 11/06/23 Page 2 of 47
I 1111111111111111 11111 111111111111111 1111111111 1111111111111111 IIII IIII IIII
US008898932B2
( *) Notice: Subject to any disclaimer, the term ofthis U.S. PATENT DOCUMENTS
patent is extended or adjusted under 35
601,192 A 3/1898 Woodside
U.S.C. 154(b) by O days. 1,215,198 A 2/ 1917 Rothstein
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Case 1:23-cv-12666-JCB Document 1-5 Filed 11/06/23 Page 3 of 47
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Page 2
US 8,898,932 B2
Page 3
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US 8,898,932 B2
1 2
ARTICLE OF FOOTWEAR INCORPORATING each impart different properties to the upper. An intermediate
A KNITTED COMPONENT or central layer of the upper may be formed from a light-
weight polymer foam material that provides cushioning and
CROSS-REFERENCE TO RELATED enhances comfort. Similarly, an interior of the upper may be
APPLICATIONS 5 formed of a comfortable and moisture-wicking textile that
removes perspiration from the area immediately surrounding
This application is a continuation of U.S. patent applica- the foot. The various material elements and other components
may be joined with an adhesive or stitching. Accordingly, the
tion Ser. No. 13/944,689, filed on Jul. 17, 2013, entitled
conventional upper is formed from various material elements
"Article Of Footwear Incorporating A Knitted Component",
that each impart different properties to various areas of the
which application is a non-provisional patent application that 10
footwear.
claims priority under 35 U.S.C. §119(e) to U.S. Provisional
Patent Application Ser. No. 61/727,010, which was filed in SUMMARY
the U.S. Patent and Trademark Office on Nov. 15, 2012 and
entitled "Article Of Footwear Incorporating A Knitted Com- An article of footwear has an upper and a sole structure
ponent," the disclosures of which applications are entirely 15 secured to the upper. In various configurations, the upper
incorporated herein by reference. includes a knitted component having a plurality of protruding
areas that extend outward and away from a void within the
BACKGROUND upper for receiving a foot of a wearer. The protruding areas
include one or both of (a) a first tubular structure and an inlaid
Conventional articles of footwear generally include two 20 strand extending through the first tubular structure and (b) a
primary elements, an upper and a sole structure. The upper is second tubular structure and yarn sections extending across
secured to the sole structure and forms a void on the interior the second tubular structure. In addition, a skin layer may be
of the footwear for comfortably and securely receiving a foot. secured to the knitted component.
The sole structure is secured to a lower surface of the upper so A method for manufacturing an upper for an article of
as to be positioned between the upper and the ground. In some 25 footwear may include positioning a skin layer adjacent to a
articles of athletic footwear, for example, the sole structure knitted component and in an overlapping configuration, the
may include a midsole and an outsole. The midsole may be knitted component having regions with different thicknesses.
The skin layer and the knitted component may be located
formed from a polymer foam material that attenuates ground
between a first surface and a second surface of a press. The
reaction forces to lessen stresses upon the foot and leg during
first surface includes a first material, and the second surface
walking, running, and other ambulatory activities. The out- 30
includes a second material, the first material having greater
sole is secured to a lower surface of the midsole and forms a compressibility than the second material. In addition, the skin
ground-engaging portion of the sole structure that is formed layer and the knitted component may be compressed between
from a durable and wear-resistant material. The sole structure the first surface and the second surface to join the skin layer to
may also include a sockliner positioned within the void and the knitted component.
proximal a lower surface of the foot to enhance footwear 35 An article of footwear has an upper and a sole structure
comfort. secured to the upper. In various configurations, the upper
The upper generally extends over the instep and toe areas of includes a foot region and an ankle region. The foot region
the foot, along the medial and lateral sides of the foot, and covers at least a portion of a foot of a wearer and includes a
around the heel area of the foot. In some articles of footwear, foot part of a knitted component. The ankle region covers at
such as basketball footwear and boots, the upper may extend 40 least a portion of an ankle of the wearer and includes an ankle
upward and around the ankle to provide support or protection part of the knitted component. The foot part and the ankle part
for the ankle. Access to the void on the interior of the upper is of the knitted component are formed from unitary knit con-
generally provided by an ankle opening in a heel region of the struction. The foot region has a first degree of stretch and the
footwear. A lacing system is often incorporated into the upper ankle region has a second degree of stretch, with the first
to adjust the fit of the upper, thereby permitting entry and 45
degree of stretch being less than the second degree of stretch.
removal of the foot from the void within the upper. The lacing An article of footwear has an upper and a sole structure
secured to the upper. In various configurations, the upper
system also permits the wearer to modify certain dimensions
includes a knitted component extending through a throat area
of the upper, particularly girth, to accommodate feet with
of the upper. The knitted component defines a channel in the
varying dimensions. In addition, the upper may include a throat area, with the channel including two overlapping knit
tongue that extends under the lacing system to enhance 50
layers formed of unitary knit construction. The upper also
adjustability of the footwear, and the upper may incorporate a includes a plurality of lace-receiving elements located on
heel counter to limit movement of the heel. opposite sides of the throat area, two of the lace-receiving
Various materials are conventionally utilized in manufac- elements are located adjacent to opposite ends of the channel.
turing the upper. The upper of athletic footwear, for example, A lace extends through the channel and engages the lace-
may be formed from multiple material elements. The mate- 55 receiving elements.
rials may be selected based upon various properties, includ- The advantages and features of novelty characterizing
ing stretch-resistance, wear-resistance, flexibility, air-perme- aspects of the invention are pointed out with particularity in
ability, compressibility, and moisture-wicking, for example. the appended claims. To gain an improved understanding of
With regard to an exterior of the upper, the toe area and the the advantages and features of novelty, however, reference
heel area may be formed of leather, synthetic leather, or a 60 may be made to the following descriptive matter and accom-
rubber material to impart a relatively high degree of wear- panying figures that describe and illustrate various configu-
resistance. Leather, synthetic leather, and rubber materials rations and concepts related to the invention.
may not exhibit the desired degree of flexibility and air-
permeability for various other areas of the exterior. Accord- BRIEF DESCRIPTION OF THE DRAWINGS
ingly, the other areas of the exterior may be formed from a 65
synthetic textile, for example. The exterior of the upper may The invention can be better understood with reference to
be formed, therefore, from numerous material elements that the following drawings and description. The components in
Case 1:23-cv-12666-JCB Document 1-5 Filed 11/06/23 Page 39 of 47
US 8,898,932 B2
3 4
the figures are not necessarily to scale, emphasis instead disclosed as having a general configuration suitable for walk-
being placed upon illustrating the principles of the invention. ing or running. Concepts associated with the footwear,
Moreover, in the figures, like reference numerals designate including the upper, may also be applied to a variety of other
corresponding parts throughout the different views. athletic footwear types, including baseball shoes, basketball
FIG. 1 is a lateral side elevational view of a first configu- 5 shoes, cross-training shoes, cycling shoes, football shoes,
ration of an article of footwear. soccer shoes, sprinting shoes, tennis shoes, and hiking boots,
FIG. 2 is a medial side elevational view of the first con- for example. The concepts may also be applied to footwear
figuration of the article of footwear. types that are generally considered to be non-athletic, includ-
FIG. 3 is a top plan view of the first configuration of the ing dress shoes, loafers, sandals, and work boots. The con-
article of footwear. 10 cepts disclosed herein apply, therefore, to a wide variety of
FIGS. 4A-4C are cross-sectional views of the first configu- footwear types.
ration of the article of footwear, as respectively defined by General Footwear Structure
section lines 4A-4C in FIG. 3. An article of footwear 100 is depicted in FIGS. l-4C as
FIG. 5 is a top plan view of a knitted component and a skin including a sole structure 110 and an upper 120. Whereas sole
layer from an upper of the first configuration of the article of 15 structure 110 is located under and supports a foot of a wearer,
footwear. upper 120 provides a comfortable and secure covering for the
FIG. 6 is an exploded top plan view of the knitted compo- foot. As such, the foot may be located within a void in upper
nent and the skin layer. 120 to effectively secure the foot within footwear 100 or
FIGS. 7A-7C are cross-sectional views of the knitted com- otherwise unite the foot and footwear 100. Moreover, sole
ponent and the skin layer, as respectively defined by section 20 structure 110 is secured to a lower area of upper 120 and
lines 7A-7C in FIG. 5. extends between the foot and the ground to attenuate ground
FIGS. SA and 8B are perspective views of an exemplary reaction forces (i.e., cushion the foot), provide traction,
portion of the knitted component and the skin layer. enhance stability, and influence the motions of the foot, for
FIGS. 9A-9C are top plan views depicting further configu- example.
rations of the knitted component. 25 For reference purposes, footwear 100 may be divided into
FIGS. lOA-l0D are perspective views of a process for three general regions: a forefoot region 101, a midfoot region
utilizing a press to bond the knitted component and the skin 102, and a heel region 103. Forefoot region 101 generally
layer. encompasses portions of footwear 100 corresponding with
FIGS. llA-llD are cross-sectional views of the process forward portions of the foot, including the toes and joints
for utilizing the press, as respectively defined by section lines 30 connecting the metatarsals with the phalanges. Midfoot
llA-llD in FIGS. l0A-l0D. region 102 generally encompasses portions of footwear 100
FIG. 12 is a lateral side elevational view of a second con- corresponding with middle portions of the foot, including an
figuration of the article of footwear. arch area. Heel region 103 generally encompasses portions of
FIG. 13 is a medial side elevational view of the second footwear 100 corresponding with rear portions of the foot,
configuration of the article of footwear. 35 including the heel and calcaneus bone. Footwear 100 also
FIG. 14 is a top plan view of the second configuration of the includes a lateral side 104 and a medial side 105, which
article of footwear. extend through each of regions 101-103 and correspond with
FIG. 15 is a cross-sectional view of the second configura- opposite sides of footwear 100. More particularly, lateral side
tion of the article of footwear, as defined by section line 15 in 104 corresponds with an outside area of the foot (i.e. the
FIG. 14. 40 surface that faces away from the other foot), and medial side
FIG. 16 is a top plan view ofa third configuration of the 105 corresponds with an inside area of the foot (i.e., the
article of footwear. surface that faces toward the other foot). Regions 101-103
FIG. 17 is a cross-sectional view of the third configuration and sides 104-105 are not intended to demarcate precise areas
of the article of footwear, as defined by section line 17 in FIG. of footwear 100. Rather, regions 101-103 and sides 104-105
16. 45 are intended to represent general areas of footwear 100 to aid
FIG. 18 is a top plan view of a tongue from the third in the following discussion. In addition to footwear 100,
configuration of the article of footwear. regions 101-103 and sides 104-105 may also be applied to
FIG. 19 is a cross-sectional view of the tongue, as defined sole structure 110, upper 120, and individual elements
by section line 19 in FIG. 18. thereof.
FIGS. 20 and 21 are top plan views of further configura- 50 The primary elements of sole structure 110 are a midsole
tions of the knitted component and a lace. 111, an outsole 112, and a sockliner 113. Midsole 111 is
FIG. 22 is a cross-sectional view, as defined by section line secured to a lower surface of upper 120 and may be formed
22 in FIG. 21. from a compressible polymer foam element (e.g., a polyure-
FIG. 23 is a bottom plan view of a configuration of the thane or ethylvinylacetate foam) that attenuates ground reac-
knitted component that includes an interior layer. 55 tion forces (i.e., provides cushioning) when compressed
FIG. 24 is a cross-sectional view of the article of footwear between the foot and the ground during walking, running, or
corresponding with FIG. 4A and depicting the interior layer. other ambulatory activities. In further configurations, mid-
FIGS. 25A and 25B are top plan views corresponding with sole 111 may incorporate plates, moderators, fluid-filled
FIG. 5 and depicting further configurations for the skin layer chambers, lasting elements, or motion control members that
from an upper of the first configuration of the article of foot- 60 further attenuate forces, enhance stability, or influence the
wear. motions of the foot, or midsole 111 may be primarily formed
from a fluid-filled chamber. Outsole 112 is secured to a lower
DETAILED DESCRIPTION surface of midsole 111 and may be formed from a wear-
resistant rubber material that is textured to impart traction.
The following discussion and accompanying figures dis- 65 Sockliner 113 is located within the void in upper 120 and is
close an article of footwear having an upper that includes a positioned to extend under a lower surface of the foot to
knitted component and a skin layer. The article of footwear is enhance the comfort of footwear 100. Although this configu-
Case 1:23-cv-12666-JCB Document 1-5 Filed 11/06/23 Page 40 of 47
US 8,898,932 B2
5 6
ration for sole structure 110 provides an example of a sole synthetic leather, a woven or non-woven textile, or a metal
structure that may be used in connection with upper 120, a foil. As with knitted component 130, skin layer 140 extends
variety of other conventional or nonconventional configura- through each ofregions 101-103, along both lateral side 104
tions for sole structure 110 may also be utilized. Accordingly, and medial side 105, over forefoot region 101, and around
the features of sole structure 110 or any sole structure utilized 5 heel region 103. Skin layer 140 is depicted as being absent
with upper 120 may vary considerably. from portions of throat area 124 (e.g., tongue 127) and inte-
Upper 120 includes an exterior surface 121 and an opposite rior surface 122. In further configurations of footwear 100,
interior surface 122. Whereas exterior surface 121 faces out- skin layer 140 may be absent from other areas of upper 120 or
ward and away from footwear 100, interior surface 122 faces may extend over portions of throat area 124 and into interior
inward and defines a majority or a relatively large portion of 10 surface 122.
the void within footwear 100 for receiving the foot. The void The combination of knitted component 130 and skin layer
is shaped to accommodate the foot. When the foot is located 140 provides various advantages to footwear 100. As an
within the void, therefore, upper 120 extends along a lateral example, knitted component 130 and skin layer 140 impart a
side of the foot, along a medial side of the foot, over the foot, relatively tight and glove-like fit to upper 120 that secures the
around the heel, and under the foot. Moreover, interior sur- 15 foot within footwear 100 during walking, running, and other
face 122 may lay against the foot or a sock covering the foot. ambulatory activities. When formed as a soccer shoe, for
Upper 120 also includes a collar 123 that is primarily located example, the relatively tight and glove-like fit may provide
in heel region 103 and forms an opening that provides the foot the wearer with enhanced feel and control ofa ball. Skin layer
with access to the void. More particularly, the foot may be 140 may also be utilized to reinforce areas of upper 120. For
inserted into upper 120 through the opening formed by collar 20 example, skin layer 140 may inhibit stretch in knitted com-
123, and the foot may be withdrawn from upper 120 through ponent 130 and may enhance the wear-resistance or abrasion-
the opening formed by collar 123. resistance of upper 120. Skin layer 140 may also impart
A throat area 124 of upper 120 is located forward of collar water-resistance to footwear 100. Additionally, forming foot-
123 and primarily in midfoot region 102. Although the extent wear 100 in this configuration may provide a relatively light
of throat area 124 may vary, throat area 124 corresponds with 25 weight or mass, support for the foot, uniform fit and conform-
an instep region or upper surface of the foot and includes a ance to a shape of the foot, and a relatively seamless interior
lace 125, a plurality of lace-receiving elements 126, and a with enhanced comfort for the wearer.
tongue 127. Lace 125 engages the various lace-receiving The discussion above presents various features and ele-
elements 126 and follows a zigzagging path between lace- ments of upper 120. In further configurations of footwear
receiving elements 126. Moreover, lace 125 repeatedly- 30 100, however, upper 120 may also include one or more of (a)
passes across throat area 124 and between opposite sides of a heel counter in heel region 103 for enhancing stability, (b) a
throat area 124. When using footwear 100, lace 125 permits toe guard in forefoot region 101 that is formed of a wear-
the wearer to modify dimensions of upper 120 to accommo- resistant material, and (c) logos, trademarks, and placards
date the proportions of the foot. More particularly, lace 125 with care instructions and material information. Accordingly,
may be manipulated in a conventional manner to permit the 35 upper 120 may incorporate a variety of other features and
wearer to (a) tighten upper 120 around the foot and (b) loosen elements, in addition to the features and elements discussed
upper 120 to facilitate insertion and withdrawal of the foot herein and shown in the figures.
from the void in upper 120 (i.e., through the opening formed Knitted Component Configuration
by collar 123). Although lace-receiving elements 126 are Knitted component 130 extends throughout upper 120 and
depicted as apertures in upper 120, and with lace 125 passing 40 forms a majority of interior surface 122, thereby defining a
through the apertures, lace-receiving elements 126 may be portion of the void within upper 120. Although seams may be
loops, eyelets, hooks, or D-rings. present in knitted component 130, a majority of knitted com-
A majority of upper 120 is formed from a knitted compo- ponent 130 has a substantially seamless configuration. More-
nent 130 and a skin layer 140, which are depicted separate over, knitted component 130 may be formed of unitary knit
from a remainder of footwear 100 in FIGS. 5 and 6. Knitted 45 construction. As utilized herein, a knitted component (e.g.,
component 130 may, for example, be manufactured through a knitted component 130) is defined as being formed of "uni-
flat knitting process and extends through each of regions tary knit construction" when formed as a one-piece element
101-103, along both lateral side 104 and medial side 105, over through a knitting process. That is, the knitting process sub-
forefoot region 101, and around heel region 103. Although stantially forms the various features and structures of knitted
portions of knitted component 130 form exterior surface 121, 50 component 130 without the need for significant additional
knitted component 130 forms a majority or a relatively large manufacturing steps or processes. Although portions of knit-
portion of interior surface 122, thereby defining a portion of ted component 130 may be joined to each other (e.g., edges of
the void within upper 120. In some configurations, knitted knitted component 130 being joined together, as at seam 129)
component 130 may also extend under the foot. For purposes following the knitting process, knitted component 130
of example in various figures, however, a strobe! sock 128 is 55 remains formed of unitary knit construction because it is
secured to knitted component 130 and forms a majority of the formed as a one-piece knit element. Moreover, knitted com-
portion of upper 120 that extends under the foot. In this ponent 130 remains formed of unitary knit construction when
configuration, sockliner 113 extends over strobe! sock 128 other elements (e.g., lace 125, strobe! sock 128 logos, trade-
and forms a surface upon which the foot rests. In addition, a marks, placards) are added following the knitting process.
seam 129 extends vertically through heel region 103, as 60 Examples of various configurations of knitted components
depicted in FIGS. 3 and 4C, to join edges of knitted compo- that may be utilized for knitted component 130 are disclosed
nent 130. in U.S. Pat. No. 6,931,762 to Dua; U.S. Pat. No. 7,347,011 to
Skin layer 140 lays adjacent to knitted component 130 and Dua, et al.; U.S. Patent Application Publication 2008/
is secured to an exterior of knitted component 130, thereby 0110048 to Dua, et al.; U.S. Patent Application Publication
forming a majority or a relatively large portion of exterior 65 2010/0154256 to Dua; and U.S. Patent Application Publica-
surface 121. Various materials may be utilized to form skin tion 20120233882 to Huffa, et al., each of which are entirely
layer 140, including a polymer sheet, elements of leather or incorporated herein by reference.
Case 1:23-cv-12666-JCB Document 1-5 Filed 11/06/23 Page 41 of 47
US 8,898,932 B2
7 8
The primary elements of knitted component 130 are a knit (c) the yam to inlaid strand 132, or (d) knitted component 130
element 131 and an inlaid strand 132. Knit element 131 is to skin layer 140, for example.
formed from at least one yarn that is manipulated (e.g., with Inlaid strand 132, as noted above, extends through knit
a knitting machine) to form a plurality of intermeshed loops element 131 and passes between the various loops within knit
that define a variety of courses and wales. That is, knit ele- 5 element 131. More particularly, inlaid strand 132 is located
ment 131 has the structure of a knit textile. Inlaid strand 132 within the knit structure of knit element 131. Referring to
extends through knit element 131 and passes between the FIGS. 7A and 7B, for example, knit element 131 forms two
various loops within knit element 131. Although inlaid strand separate and spaced textile layers, which effectively define a
132 generally extends along courses within knit element 131, channel or tubular structure, and inlaid strand 132 is located
10
inlaid strand 132 may also extend along wales within knit between the spaced textile layers. In some configurations,
element 131. Advantages ofinlaid strand 132 include provid- however, knit element 131 may have the configuration of a
ing support, stability, and structure. For example, inlaid single textile layer in the area of inlaid strand 132. In either
strand 132 assists with securing upper 120 around the foot, configuration, inlaid strand 132 is located within knit element
limits deformation in areas of upper 120 (e.g., imparts stretch- 15
131 and between opposite surfaces of knit element 131.
resistance ), and operates in connection with lace 125 to Although inlaid strand 132 is primarily within knit element
enhance the fit of footwear 100. U.S. Patent Application Pub- 131, portions of inlaid strand 132 may be visible or exposed
lication 20120233882 to Huffa, et al., which was referenced on one or both surfaces of knit element 131.
above and incorporated herein, provides discussion of the When knitted component 130 is incorporated into footwear
manner in which knitted component 130 may be formed, 20 100, inlaid strand 132 extends in a generally vertical direction
including the process of inlaying or otherwise locating inlaid and from throat area 124 to an area where sole structure 110
strand 132 within knit element 131. is secured to upper 120. More particularly, inlaid strand
Knit element 131 may incorporate various types and com- repeatedly passes through knit element 131 from throat area
binations of stitches and yams. With regard to stitches, the 124 to an area adjacent to sole structure 110. In throat area
yarn forming knit element 131 may have one type of stitch in 25 124, inlaid strand may also extend around lace-receiving
one area of knit element 131 and another type of stitch in elements 126, there by forming loops through which lace 125
another area of knit element 131. Depending upon the types passes. In comparison with knit element 131, inlaid strand
and combinations of stitches utilized, areas of knit element 132 may exhibit greater stretch-resistance. That is, inlaid
131 may have a plain knit structure, a mesh knit structure, or strand 132 may stretch less than knit element 131. Given that
a rib knit structure, for example. The different types of 30 numerous sections of inlaid strand 132 extend toward sole
stitches may affect the physical properties of knit element structure 110 from throat area 124, inlaid strand 132 imparts
131, including aesthetics, stretch, thickness, air permeability, stretch-resistance to this area of upper 120. Moreover, placing
and abrasion-resistance of knit element 131. That is, the dif- tension upon lace 125 may impart tension to inlaid strand 132,
ferent types of stitches may impart different properties to thereby inducing the portion of upper 120 between throat area
different areas of knitted component 130. With regard to 35 124 and sole structure 110 to lay against the foot. As such,
yarns, knit element 131 may have one type of yam in one area inlaid strand 132 operates in connection with lace 125 to
of knit element 131 and another type of yam in another area assist with securing upper 120 around the foot and enhance
of knit element 131. Depending upon various design criteria, the fit of footwear 100.
knit element 131 may incorporate yams with different The configuration of inlaid strand 132 may vary signifi-
deniers, materials (e.g., cotton, elastane, polyester, rayon, 40 cantly. In addition to yarn, inlaid strand 132 may have the
wool, and nylon), and degrees of twist, for example. The configurations of a filament (e.g., a monofilament), thread,
different types of yams may affect the physical properties of rope, webbing, cable, or chain, for example. In comparison
knit element 131, including aesthetics, stretch, thickness, air with the yams forming knit element 131, the thickness of
permeability, and abrasion-resistance of knit element 131. inlaid strand 132 may be greater. In some configurations,
That is, the different types of yams may impart different 45 inlaid strand 132 may have a significantly greater thickness
properties to different areas of knitted component 130. By than the yams of knit element 131. Moreover, the materials
combining various types and combinations of stitches and forming inlaid strand 132 may include any of the materials for
yarns, each area of knit element 131 may have specific prop- the yam within knit element 131, such as cotton, elastane,
erties that enhance the comfort, durability, and performance polyester, rayon, wool, and nylon, but may also include met-
of footwear 100. In some configurations, multiple yarns with 50 als and a variety of engineering filaments that are utilized for
different colors may be utilized to form knitted component high tensile strength applications, including glass, aramids
130. When yarns with different colors are twisted together (e.g., para-aramid and meta-aramid), ultra-high molecular
and then knitted, knitted component 130 may have a heath- weight polyethylene, and liquid crystal polymer. As another
ered appearance with multiple colors randomly distributed example, a braided polyester thread may also be utilized as
throughout upper 120. 55 inlaid strand 132.
One or more of the yarns within knit element 131 may be The combination of knitted component 130 and skin layer
partially formed from a thermoplastic polymer material, 140 provide various advantages to footwear 100. In some
which softens or melts when heated and returns to a solid state configurations, however, skin layer 140 may be absent from
when cooled. More particularly, the thermoplastic polymer footwear 100. That is, knitted component 130 may be utilized
material transitions from a solid state to a softened or liquid 60 individually to form portions of upper 120, and knitted com-
state when subjected to sufficient heat, and then the thermo- ponent 130 may form a majority of relatively large portion of
plastic polymer material transitions from the softened or liq- each of surfaces 121 and 122. Moreover, the presence of
uid state to the solid state when sufficiently cooled. As such, protruding areas 133 when skin layer 140 is absent may
thermoplastic polymer materials are often used to join two impart additional thickness or loft to upper 120, while also
objects or elements together. In this case, a yarn incorporating 65 varying the stretch properties of upper 120. Although dis-
thermoplastic polymer material may be utilized to join (a) the cussed in combination with skin layer 140, therefore, knitted
yarn to other portions of the yarn, (b) the yarn to other yarns, component 130 may be utilized individually.
Case 1:23-cv-12666-JCB Document 1-5 Filed 11/06/23 Page 42 of 47
US 8,898,932 B2
9 10
Skin Layer Configuration to upper 120. Some of protruding areas 133 correspond with
Skin layer 140 lays adjacent to knitted component 130 and and incorporate inlaid strand 132. In addition, some of pro-
is secured to knitted component 130 to form a portion of truding areas 133 extend in a generally horizontal direction
exterior surface 121. As noted above, skin layer 140 may be and between two other protruding areas 133. That is, the
formed from a polymer sheet, elements ofleather or synthetic 5 horizontal protruding areas 133 extend between and effec-
leather, a woven or non-woven textile, or a metal foil. When tively join with two of the vertical protruding areas 133. In
formed as a polymer sheet or polymer layer, skin layer 140 addition to providing a unique aesthetic to footwear 100,
may initially be a polymer film, polymer mesh, polymer protruding areas 133 may enhance the strength of upper 120
powder, or polymer resin, for example. With any of these or impart a variety of different properties to upper 120.
structures, a variety of polymer materials may be utilized for 10 Skin layer 140 extends over protruding areas 133 and may
skin layer 140, including polyurethane, polyester, polyester be secured to protruding areas 133, as well as other areas of
polyurethane, polyether polyurethane, and nylon. An knitted component 130. As such, skin layer 140 forms corre-
example of a non-woven textile with thermoplastic polymer sponding bulges, protrusions, bumps, or other outwardly-
filaments that may be bonded to knitted component 130 is extending portions at the locations of protruding areas 133
disclosed in U.S. Patent Application Publication 2010/ 15 and on exterior surface 121, as depicted in FIGS. 7A and 7C,
0199406 to Dua, et al., which is incorporated herein by ref- for example. An advantage of this configuration is that the
erence. Moreover, additional considerations relating to skin friction properties of footwear 100 may be controlled through
layer 140 may be found in U.S. Patent Application Publica- the specific pattern that protruding areas 133 form in upper
tion 2012/0246973 to Dua, which is incorporated herein by 120. As an example, the combination of protruding areas 133
reference. 20 and skin layer 140 may provide enhanced control of a ball
Although skin layer 140 may be formed from a thermoset during the sport of soccer. That is, a soccer player may obtain
polymer material, many configurations of skin layer 140 are enhanced control of a soccer ball through the raised or out-
formed from thermoplastic polymer materials (e.g., thermo- wardly-extending portions of upper 120 that are formed by
plastic polyurethane). In general, a thermoplastic polymer protruding areas 133.
material softens or melts when heated and returns to a solid 25 Protruding areas 133 may be formed to have various con-
state when cooled. More particularly, the thermoplastic poly- figurations. That is, multiple knit structures and knitting tech-
mer material transitions from a solid state to a softened or niques may be utilized to form protruding areas 133. As
liquid state when subjected to sufficient heat, and then the examples, each of FIGS. SA and 8B depict an exemplary
thermoplastic polymer material transitions from the softened portion of upper 120 with two different configurations for
or liquid state to the solid state when sufficiently cooled. As 30 protruding areas 133. More particularly, a first of protruding
such, the thermoplastic polymer material may be melted, areas 133 includes a first tubular structure 134 and a portion of
molded, cooled, re-melted, re-molded, and cooled again inlaid strand 132, and a second of protruding areas 133
through multiple cycles. Thermoplastic polymer materials includes a second tubular structure 135 and a plurality of yam
may also be welded or thermal bonded to textile elements, sections 136. Each of these configurations will be discussed
such as knitted component 130. 35 in more detail below.
In many configurations of footwear 100, a single element First tubular structure 134 is an area of knit element 131
of skin layer 140 is secured throughout knitted component with two separate and spaced textile layers 137. Whereas
130 and covers substantially all of knitted component 130. In edge areas of first tubular structure 134 are joined and formed
further configurations, however, different elements of skin of unitary knit construction, a central area is unjoined and
layer 140 may be formed from different materials and posi- 40 forms a charmel in which inlaid strand 132 is located.
tioned in separate areas of knitted component 130. That is, a Although first tubular structure 134 alone is sufficient to form
portion of skin layer 140 formed from one material may be one of protruding areas 133, the presence of inlaid strand 131
bonded to one area of knitted component 130, and another provides additional thickness. Inlaid strand 132 extends lon-
portion of skin layer 140 formed from another material may gitudinally and through first tubular structure 134, thereby
be bonded to a different area of knitted component 130. By 45 extending along a length of first tubular structure 134.
varying the materials forming skin layer 140, different prop- Second tubular structure 135 is an area of knit element 131
erties may be applied to different areas of upper 120. In other with two separate and spaced textile layers 138, thereby hav-
configurations, skin layer 140 may only cover specific areas ing a configuration that is similar to first tubular structure 134.
of knitted component 130, thereby leaving other areas of Whereas edge areas of second tubular structure 135 are joined
knitted component 130 exposed. Skin layer 140 may, there- 50 and formed of unitary knit construction, a central area is
fore, be absent from some areas of knitted component 130. unjoined and forms a channel in which the plurality of yam
Skin layer 140 is discussed above as being positioned on an sections 136 are located. Although second tubular structure
exterior of knitted component 130. In some configurations, 135 alone is sufficient to form one of protruding areas 133, the
however, skin layer 140 may be bonded with an opposite presence of yam sections 136 provides additional thickness.
surface of knitted component 130, thereby forming a portion 55 Yarn sections 136 extend laterally and across second tubu-
of interior surface 122. In other configurations, two skin lar structure 135, thereby extending across a width of second
layers 140 may be bonded to opposite surfaces of knitted tubular structure 135 rather than along a longitudinal length
component 130, or skin layer 140 may impregnate or other- of second tubular structure 135. Although the manner in
wise extend into knitted component 130. which yam sections 136 are secured may vary, yam sections
Protruding Areas 60 136 are depicted as crossing each other in FIGS. 7A, 7C, SA,
Knitted component 130 includes a plurality of protruding and 8B and may form tuck stitches on opposite sides of
areas 133 that extend outward and away from the void within second tubular structure 135. That is, tuck stitches may join
upper 120. Protruding areas 133 form bulges, protrusions, yarn sections 136 with opposite sides of second tubular struc-
bumps, or other outwardly-extending portions in knitted ture 135. As depicted in a broken-away area of FIG. 8B, one
component 130. As with inlaid strand 132, many of protrud- 65 of protruding areas 133 (i.e., a horizontal protruding area 133)
ing areas 133 extend in a generally vertical direction and from includes additional yam sections 136 and extends between
throat area 124 to the area where sole structure 110 is secured and effectively joins tubular structures 134 and 135, thereby
Case 1:23-cv-12666-JCB Document 1-5 Filed 11/06/23 Page 43 of 47
US 8,898,932 B2
11 12
extending from first tubular structure 134 to second tubular involves a softening or melting of a thermoplastic polymer
structure 135. Although yarn sections 136 may cross each material within at least one of the elements such that the
other in extending across the width of second tubular struc- materials of the elements are secured to each other when
ture 135, yarn sections 136 may have various other configu- cooled. As examples, thermal bonding may involve (a) the
rations. As examples, yarn sections 13 6 may lay in a plane and 5 melting or softening of skin layer 140 such that the thermo-
not cross each other, or yam sections 136 may extend longi- plastic polymer material intermingles with materials of knit-
tudinally and along a length of second tubular structure 135. ted component 130 and are secured together when cooled and
As discussed above, protruding areas 133 form bulges, (b) the melting or softening of skin layer 140 such that the
protrusions, bumps, or other outwardly-extending portions in thermoplastic polymer material extends into or infiltrates the
knitted component 130. As such, protruding areas 133 are 10 structure of knitted component 130 (e.g., extends around or
portions ofknitted component 130 that have greater thickness bonds with filaments or fibers in knitted component 130) to
than other areas of knitted component 130. In this configura- secure the elements together when cooled. Additionally, ther-
tion, a majority or a relatively large portion of knitted com- mal bonding does not generally involve the use of stitching or
ponent 130 has a first thickness and the various protruding adhesives, but involves directly bonding elements to each
areas 133 have a second thickness, with the first thickness 15 other with heat. In some situations, however, stitching or
being less than the second thickness. Depending upon the knit adhesives may be utilized to supplement the thermal bond or
structures and knitting techniques that are utilized to form the joining of elements through thermal bonding.
knitted component 130, as well as the yarns utilized in knitted The bonding process utilizes a press 150, which includes a
component 130, the difference between the first thickness and first press portion 151 and a second press portion 152, as
the second thickness may range from one to ten millimeters or 20 depicted in FIGS. lOA and llA. Each of press portions 151
more. In many configurations, the first thickness is less than and 152 have facing surfaces that compress knitted compo-
four millimeters, and the second thickness is at least two nent 130 and skin layer 140 together. The surfaces of press
millimeters greater than the first thickness. portions 151 and 152 are substantially planar and include
The specific pattern that protruding areas 133 form in materials with different compressibilities. More particularly,
upper 120 may vary significantly. Referring to FIGS. 1 and 2, 25 first press portion 151 includes a first material 153 and second
for example, protruding areas 133 extend though a majority press portion 152 includes a second material 154. In compari-
oflateral side 104 and medial side 105, but are absent from a son, first material 153 has greater compressibility than second
forward portion of forefoot region 101 and a rear portion of material 154. As examples of suitable materials, (a) first mate-
heel region 103. The locations and configurations of protrud- rial 153 may be silicone and second material 154 may be steel,
ing areas 133 may, however vary significantly. As an example, 30 (b) both of materials 153 and 154 may be silicone, with first
FIG. 9A depicts a configuration wherein the spacing between material 153 having greater thickness than second material
various protruding areas 133 varies throughout knitted com- 154, or (c) both of materials 153 and 154 may be silicone,
ponent 130. Moreover, protruding areas 133 that extend with first material 153 having lesser density or hardness than
between and connect other protruding areas 133 are present in second material 154. A variety of other materials may also be
some areas, but absent in other areas. Although protruding 35 utilized, including various polymers and foams, such as eth-
areas 133 are present in an area of knitted component 130 that ylvinylacetate, and rubber. An advantage to silicone, how-
corresponds with forefoot region 101, protruding areas 133 ever, relates to compression set. More particularly, silicone
are absent in areas corresponding with heel region 103. In this may go through numerous compression operations without
configuration, knit element 131 extends across a region cor- forming indentations or other surface irregularities.
responding with throat area 124, thereby replacing tongue 40 A process for bonding or otherwise joining knitted com-
127. FIG. 9B depicts another configuration wherein protrud- ponent 130 and skin layer 140 will now be discussed. In order
ing areas 133 are present throughout knitted component 130. to illustrate details associated with the bonding process, the
Another configuration is depicted in FIG. 9C, wherein pro- exemplary portions of knitted component 130 and skin layer
truding areas 133 are located to correspond with inlaid strand 140 that are depicted in FI GS. SA and SB are utilized in FI GS.
132, but are absent in other areas. In addition, in each of the 45 l0A-l0D andllA-llD. One skilled in this art will recognize,
configurations depicted in FIGS. 9A-9C, portions of inlaid however, that the concepts discussed herein and depicted in
strand 132 are exposed to form loops that receive lace 125. the figures may be applied to the entirety of knitted compo-
Accordingly, various aspects regarding knitted component nent 130 and skin layer 140. Referring again to FIGS. lOA
130 and protruding areas 133 may vary considerably. and llA, skin layer 140 is positioned adjacent to knitted
Bonding Process 50 component 130 and in an overlapping configuration. Whereas
A variety of processes may be utilized to join knitted com- skin layer 140 is positioned adjacent to first press portion 151,
ponent 130 and skin layer 140. In some configurations, skin knitted component 130 is positioned adjacent to second press
layer 140 may be formed from a thermoplastic polymer mate- portion 152. More particularly, skin layer 140 is positioned to
rial, which may be welded or thermal bonded to knitted contact first material 153 (i.e., the more compressible mate-
component 130.As discussed above, a thermoplastic polymer 55 rial), and knitted component 130 is positioned to contact
material melts when heated and returns to a solid state when second material 154 (i.e., the less compressible material). In
cooled sufficiently. Based upon this property of thermoplastic order to properly position knitted component 130 and skin
polymer materials, thermal bonding processes may be uti- layer 140, one or both of (a) a jig that holds the components
lized to form a thermal bond that joins portions of skin layer relative to each other and (b) a shuttle frame or other device
140 to knitted component 130. As utilized herein, the term 60 that moves the components may be utilized. Additionally, a
"thermal bonding" or variants thereof is defined as a securing jig or other device may assist with ensuring that knitted com-
technique between two elements that involves a softening or ponent 130 retains a proper shape and remains in a generally
melting of a thermoplastic polymer material within at least planar configuration during the bonding process.
one of the elements such that the materials of the elements are Press 150 is utilized to compress knitted component 130
secured to each other when cooled. Similarly, the term "ther- 65 and skin layer 140 together. In order to join knitted compo-
mal bond" or variants thereof is defined as the bond, link, or nent 130 and skin layer 140, however, one or both of knitted
structure that joins two elements through a process that component 130 and skin layer 140 are heated to a temperature
Case 1:23-cv-12666-JCB Document 1-5 Filed 11/06/23 Page 44 of 47
US 8,898,932 B2
13 14
that facilitates bonding. Various radiant heaters or other include various depressions or indentations that correspond
devices may be utilized to heat knitted component 130 and with the positions of protruding areas 133, thereby enhancing
skin layer 140 prior to placement between press portions 151 the degree to which skin layer 140 wraps around protruding
and 152. In some manufacturing processes, however, press areas 133.
150 may be heated such that contact between press 150 and 5 Press 150 provides one example of a device that may be
knitted component 13 0 and skin layer 140 raises the tempera- utilized to bond knitted component 130 and skin layer 140. As
ture of the components to a level that facilitates bonding. another example, one of press portions 151 and 152 may be
Accordingly, the point at which one or both of knitted com- replaced with a flexible membrane and a pump may be uti-
ponent 130 and skin layer 140 are heated during this process lized to evacuate air from between the membrane and second
may vary. 10
press portion 152. As the air is evacuated, the membrane will
Once knitted component 130 and skin layer 140 are posi-
press upon skin layer 140 and induce bonding. As another
tioned, press portions 151 and 152 translate toward each other
example, a dual membrane system may be utilized to com-
and begin to close upon the components such that (a) the
surface of first press portion 151 having first material 153 press knitted component 130 and skin layer 140 together.
begins to contact skin layer 140 and (b) the surface of second 15
An advantage of selecting materials 153 and 154 to have
press portion 152 having second material 154 begins to con- different compressibilities relates to the three-dimensional
tact knitted component 130, as depicted in FIGS. 10B and aspect of upper 120 that protruding areas 133 provide. More
11B. Press portions 151 and 152 then translate further toward particularly, the different compressibilities ensures that pro-
each other to fully compress the components, as depicted in truding areas 133 continue to form bulges, protrusions,
FIGS. lOC andllC.Atthis stage, skin layer 140 is effectively 20 bumps, or other outwardly-extending portions when knitted
bonded or otherwise joined to knitted component 130. More component 130 and skin layer 140 are compressed and
particularly, the compressive force of press 150, coupled with bonded. In the absence of compressible materials, the degree
the elevated temperature of the compressed components, to which upper 120 includes outwardly-extending portions at
forms a thermal bond that joins knitted component 130 and protruding areas 133 may be lessened.
skin layer 140. 25 Ankle Cuff Configuration
As noted above, first material 153 compresses more easily Another configuration of footwear 100 is depicted in FIGS.
than second material 154. Referring to FIGS. l0C and llC, 12-15 as including an ankle cuff 160 for covering at least a
areas of skin layer 140 that are adjacent to protruding areas portion of an ankle of the wearer. In addition to covering the
133 press into first material 153, whereas second material 154 foot, therefore, upper 120 extends upward and covers a por-
remains more planar, but compresses to a lesser degree. Due 30 tion of the ankle. For reference purposes, upper 120 may be
to the different compressibilities between materials 153 and divided into two general regions: a foot region 106 and an
154, first material 153 compresses at the locations of protrud- ankle region 107, as shown in FIGS. 12, 13, and 15. Foot
ing areas 133. Moreover, (a) portions of skin layer 140 that are region 106 extends through each of regions 101-103 and
in contact protruding areas 133 of knitted component 130 generally encompasses portions of upper 120 corresponding
protrude into the surface formed by first material 153 to a first 35 with the foot. In many configurations of footwear 100, foot
depth and (b) portions of skin layer 140 that are in contact region 106 corresponds with portions of upper 120 that are
with other regions of knitted component 130 (i.e., regions intended to be below the lateral malleolus and the medial
with lesser thickness) protrude into the surface formed by first malleolus (i.e., the bony prominences on each side of the
material 153 to a second depth, the first depth being greater ankle) of the wearer. Ankle region 107 is primarily located in
than the second depth. When bonding is complete, press 150 40 heel region 103 and generally encompasses portions of upper
is opened and the bonded components are removed and per- 120 corresponding with the ankle. In many configurations of
mitted to cool, as depicted in FIGS. lOD and llD. As a final footwear 100, ankle region 107 corresponds with portions of
step in the process, the combination of knit component 130 upper 120 that are intended to cover and extend above the
and skin layer 140 may be incorporated into upper 120 of lateral malleolus and the medial malleolus.
footwear 100. 45 Ankle cuff 160 is located in ankle region 107 and forms an
The relative hardnesses, densities, and thicknesses ankle part of knitted component 130. A remainder of knitted
between materials 153 and 154 may vary considerably to component 130, which is located in foot region 106, forms a
provide different compressibilities between the surfaces of foot part of knitted component 130. Whereas the foot part of
press 150. By varying the hardnesses, densities, and thick- knitted component 130 covers the foot of the wearer, the
nesses, the compressibilities of the surfaces may be tailored to 50 ankle part of knitted component 130, which includes ankle
specific pressing operations or configurations. While hard- cuff 160, covers the ankle of the wearer when footwear 100 is
ness, density, and thickness may each be considered, some worn. Moreover, ankle cuff 160 and the ankle part of knitted
configurations of press 150 may have materials 153 and 154 component 130 may be formed of unitary knit construction
with only different hardnesses, only different densities, or with the foot part of knitted component 130.
only different thicknesses. Additionally, some configurations 55 Although seam 129 may be present in ankle cuff 160, the
of press 150 may have materials 153 and 154 with (a) the ankle part of knitted component 130 has a continuous struc-
same hardnesses and densities, but different thicknesses, (b) ture for extending entirely around the ankle of the wearer.
the same hardnesses and thicknesses, but different densities, Referring to the top plan view of FIG. 14, ankle cuff 160
or (c) the same densities and thicknesses, but different hard- forms a circular, oval, or otherwise continuous and rounded
nesses. Accordingly, the various properties of materials 153 60 opening 161 that provides access to the void within upper
and 154 may be modified in various ways to achieve different 120. Opening 161 may have relatively large dimensions that
relative compressibilities between the surfaces of press 150. allow the foot to pass through and into the void. In many
Each of materials 153 and 154 are depicted as having a configurations of footwear 100, however, opening 161
substantially planar surface. Depending upon the configura- stretches to accommodate the foot. Moreover, ankle cuff160
tion of knitted component 130 and the various protruding 65 may have dimensions that are less than an average ankle, and
areas 133, however, the surfaces of materials 153 and 154 ankle cuff may remain somewhat stretched and lay firmly
may also be contoured. For example, first material 153 may against the ankle once the foot is located within the void.
Case 1:23-cv-12666-JCB Document 1-5 Filed 11/06/23 Page 45 of 47
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15 16
Accordingly, ankle cuff 160 and other portions of knitted through the various lace channels 170 and engages lace-
component 130 in ankle region 107 may be formed to have receiving elements 126 that are located on opposite sides of
stretch properties. lace channels 170. As such, lace 125 follows a zigzagging
Whereas ankle region 107 has stretch properties, foot path between lace-receiving elements 126.
region 106 of upper 120 may stretch to a lesser degree to 5 Lace channels 170 have a structure that is similar to tubular
provide support for the foot and limit movement of the foot structures 134 and 135. As such, lace channels 170 include
relative to sole structure 120. That is, foot region 106 may two separate and spaced textile layers 171 that overlap each
have a first degree of stretch and ankle region 107 may have a other. Whereas edge areas oflace channels 170 are joined and
second degree of stretch, with the first degree of stretch being formed of unitary knit construction, a central area is unjoined
less than the second degree of stretch. In some configurations, 10 and forms a tubular structure in which lace 125 is located.
portions of knitted component 130 in both of region 106 and That is, lace 125 extends longitudinally and through each lace
107 may have similar stretch properties, and the presence of channel 170, thereby extending along a length of each lace
inlaid strand 132 and skin layer 140 in foot region 106 may channel 170.
limit stretch in foot region 106. In other configurations, the Although various methods may be utilized to form tongue
ankle part of knitted component 130 may be formed from 15 127, a knitting process (e.g., flat knitting process) may be
yarns or knit structures that impart stretch, whereas the foot utilized. In configurations where a similar knitting process is
part of knitted component 130 may be formed from yarns or utilized for tongue 127 and knitted component 130, each of
knit structures that impart less stretch. tongue 127 and knitted component 130 may have similar
In order to enhance the stretch properties ofankle cuff 160, properties, materials, and aesthetics. Additionally, an advan-
skin layer 140 may be absent from ankle region 107. That is, 20 tage of the knitting process is that lace channels 170 may be
skin layer 140 may be absent from the ankle part of knitted formed of unitary knit construction with a remainder of
component 130. In this configuration, the ankle part ofknitted tongue 127, which provides efficient manufacture and
component 130, including ankle cuff 160, forms a portion of imparts a smooth and seamless configuration to tongue 127.
exterior surface 121 and interior surface 122 in ankle region A configuration of knitted component 130 in combination
107. As such, skin layer 140 and the portions knitted compo- 25 with lace 125 is depicted in FIG. 20. As with the configura-
nent 130 that form ankle cuff 160 form a majority of exterior tions in FIGS. 9A-9C, knit element 131 extends across a
surface 121, and knitted component 130 alone may form a region corresponding with throat area 124, thereby replacing
relatively large portion of interior surface 122. tongue 127. Moreover, knit element 131 forms the various
In the area of ankle cuff 160, skin layer 140 forms a con- lace channels 170. As with the various lace channels 170 in
cave edge 141 that extends downward on each of sides 104 30 tongue 127, lace channels 170 in this configuration are two
and 105. More particularly, skin layer 140 may be absent from separate and spaced textile layers that overlap each other, are
areas of knitted component 130 that cover the lateral malleo- formed of unitary knit construction, and receive lace 125.
lus and the medial malleolus. An advantage of this configu- Lace 125 is depicted as extending through lace channels
ration is that ankle cuff 160 may stretch over the lateral 170 in FIG. 20. In place of apertures that form lace-receiving
malleolus and the medial malleolus, thereby enhancing the 35 elements 126, inlaid strand 132 is exposed and forms loops
comfort of footwear 100. In other configurations, skin layer for receiving lace 125. That is, the loops formed by inlaid
140 may extend upward to cover the lateral malleolus and the strand 132 are lace-receiving elements 126, which are located
medial malleolus, or edge 141 may be relatively straight or on opposite sides of throat area 124. Lace 125 extends
convex in the area of ankle cuff 160. through (a) the loops formed by inlaid strand 132 and (b) the
Based upon the above discussion, ankle cuff 160 may 40 various lace channels 170. As with tongue 127, each of lace
exhibit greater stretch than other portions of upper 120. In channels 170 are oriented diagonally with respect to a longi-
addition to allowing the foot to enter footwear 100, this struc- tudinal axis and follow the natural path oflace 125. That is,
ture provides support for the foot and limits movement of the the positions and orientations of lace channels 170 are
foot relative to sole structure 120. In addition, ankle cuff160 selected such that two loops are located adjacent to opposite
may remain in a stretched state and lay against the ankle when 45 ends of each lace channel 170. As such, lace 125 follows a
footwear 100 is worn, which imparts two advantages: First, zigzagging path between the loops formed by inlaid strand
ankle cuff 160 prevents or limits dirt, dust, and other debris 132.
from entering footwear 100. Second, the wearer may sense Lace channels 170 may have various lengths. In FIG. 16,
the presence of ankle cuff 160 around the ankle, which ends of lace channels 170 are positioned adjacent to an edge
enhances the wearer's proprioceptive awareness of the foot. 50 ofknitted component 130 in throat area 124.Althoughknitted
Lace Channel Configuration component 130 overlaps portions of tongue 127, ends oflace
A further configuration of footwear 100 is depicted in channels 170 are exposed and receive lace 125. In FIG. 20,
FIGS. 16 and 17 as including various lace channels 170 in ends oflace channels 170 are positioned adjacent to the loops
tongue 127. Lace 125 passes through lace channels 170, that form lace-receiving elements 126. In either configura-
thereby locating portions of lace 125 within tongue 127. 55 tion, one or more of lace channels 170 may have a length
Referring to FIGS. 18 and 19, which depict tongue 127 sepa- greater than three centimeters. In other configurations, how-
rate from a remainder of footwear 100, each oflace channels ever, lace channels 170 may range from one to more than ten
170 are oriented diagonally with respect to a longitudinal axis centimeters.
of footwear 100. The locations oflace channels 170 generally A further configuration of knitted component 130 is
correspond with the locations oflace-receiving elements 126 60 depicted in FIGS. 21 and 22 as defining various apertures 172
and follow the natural path of lace 125 as it passes between between loops formed by inlaid strand 132 and in the region
lace-receiving elements 126. That is, the positions and orien- corresponding with throat area 124. Apertures 172 form
tations of lace channels 170 are selected such that two of openings that extend through knit element 131. In this con-
lace-receiving elements 126 are located adjacent to opposite figuration, lace 125 extends through the various apertures
ends of each lace channel 170. In effect, therefore, lace chan- 65 172, and portions of lace 125 are located adjacent to an
nels 170 are located along a line that extends between two opposite side of knit element 131. More particularly, lace 125
lace-receiving elements 126. Moreover, lace 125 extends passes through the loops formed by inlaid strand 132 and
Case 1:23-cv-12666-JCB Document 1-5 Filed 11/06/23 Page 46 of 47
US 8,898,932 B2
17 18
enters apertures 172, thereby positioning portions oflace 125 inlaid strand 132, but absent in areas corresponding with
that are between the loops adjacent to the opposite side of knit forefoot region 101 and heel region 103. Moreover, skin layer
element 131. The locations of apertures 172 generally corre- 140 covers some of protruding areas 133, but leaves other
spond with the locations of the loops formed by inlaid strand protruding areas 133 exposed. Accordingly, skin layer 140
132 and follow the natural path oflace 125. That is, apertures 5 may only cover specific areas of knitted component 130,
172 are located along a line that extends between two of the thereby leaving other areas of knitted component 130
loops formed by inlaid strand 132. exposed.
Further Configurations A single element of skin layer 140 is secured to knitted
Various configurations of footwear 100, upper 120, knitted component 130 in many configurations discussed above.
component 130, and skin layer 140 are discussed above. 10
Referring to FIG. 25B, a parting line 142 extends longitudi-
There configurations, however, are intended to provide
nally through an area corresponding with forefoot region 101,
examples of structures and other features that may be incor-
thereby separating different sections of skin layer 140. In this
porated into footwear 100. Although many variations upon
footwear 100, upper 120, knitted component 130, and skin configuration, each section of skin layer 140 may have dif-
layer 140 are possible, some additional configurations are 15
ferent properties. More particularly, the material forming skin
discussed below. layer 140, the thickness of the material, or other properties
In many configurations of footwear 100, knitted compo- may vary between the sections of skin layer 140, thereby
nent 130 forms a majority ofinterior surface 122. Referring to imparting different properties to different areas of upper 120.
FIGS. 23 and 24, an interior layer 180 is depicted as being In further configurations, parting line 142 may be located in
secured to knitted component 130 and forming a portion of 20 other areas, or the sections of skin layer 140 may be spaced
interior surface 122. Interior layer 180 may inhibit stretch in from each other to expose a portion of knitted component
upper 120 and may enhance the wear-resistance or abrasion- 130.
resistance of upper 120. Interior layer 180 may also impart The invention is disclosed above and in the accompanying
water-resistance to footwear 100. Additionally, forming foot- figures with reference to a variety of configurations. The
wear 100 to include interior layer 180 may provide uniform fit 25 purpose served by the disclosure, however, is to provide an
and conformance to the foot, a relatively seamless interior example of the various features and concepts related to the
with enhanced comfort for the wearer, a relatively light invention, not to limit the scope of the invention. One skilled
weight, and support for the foot. Although interior layer 180 in the relevant art will recognize that numerous variations and
may be utilized in configurations that also include skin layer modifications may be made to the configurations described
140, interior layer 180 may be utilized in the absence of skin 30
above without departing from the scope of the present inven-
layer 140 or as a replacement for skin layer 140.
tion, as defined by the appended claims.
Interior layer 180 may extend over substantially all of
knitted component 130 or may be absent in specific areas of
knitted component 130. In areas corresponding with forefoot What is claimed is:
region 101, for example, interior layer 180 defines a plurality 35 1. An article of footwear having an upper and a sole struc-
of apertures 181 that may enhance the stretch, flex, and ture secured to the upper, the upper comprising:
breathability properties of upper 120. By varying the size, a foot region for covering at least a portion of a foot of a
position, and number ofapertures 181, the properties ofupper wearer, the foot region including a foot part of a knitted
120 may also be varied. In areas adjacent to inlaid strand 132, component, the foot region having a first degree of
interior layer 180 is formed to define larger apertures and has 40 stretch, wherein the foot part of the knitted component
an articulated structure, which may promote flex in areas defines a plurality of protruding areas that extend out-
corresponding with midfoot region 102, while also providing ward and away from a void within the upper for receiv-
stability and stretch-resistance. This portion of interior layer ing the foot of the wearer, wherein the protruding areas
180 may also experience tension and resist stretching when include a first tubular structure and a second tubular
lace 125 is tightened. As such, the combination of interior 45 structure;
layer 180 and inlaid strand 132 may impart greater resistance an ankle region for covering at least a portion of an ankle of
to stretch in upper 120. In areas corresponding with heel the wearer, the ankle region including an ankle part of
region 103, interior layer 180 is located to provide additional the knitted component, and the ankle region having a
stretch-resistance and durability to collar 123. It should also second degree of stretch;
be noted that interior layer 180 extends to edges of knitted 50 an inlaid strand extending through the first tubular struc-
component 130 that are joined with strobe! sock 128, which ture;
effectively ties or joins interior layer 180 to sole structure 110. a plurality of yarn sections extending across the second
Various materials may be utilized for interior layer 180. As tubular structure;
an example, interior layer 180 may be a polymer layer with a skin layer that covers the first tubular structure and the
many of the properties of skin layer 140. Interior layer 180 55 second tubular structure of the foot part of the knitted
may also be a textile, such as a microfiber textile, that is component;
adhered or bonded to knitted component 130. In some con- the foot part of the knitted component and the ankle part of
figurations, interior layer 180 may have a layered configura- the knitted component being formed from unitary knit
tion that includes a thermoplastic polymer material for ther- construction, and the first degree of stretch being less
mal bonding with knitted component 130. 60 than the second degree of stretch.
Although skin layer 140 may cover substantially all of 2. The article of footwear recited in claim 1, wherein the
knitted component 130, skin layer 140 may be absent from skin layer covers additional portions of the foot part of the
some areas of knitted component 130. With reference to knitted component and forms a portion of an exterior surface
examples discussed above, skin layer 140 may be absent from of the upper.
throat area 124 or ankle region 107. As another example, FIG. 65 3. The article of footwear recited in claim 2, wherein the
25A depicts skin layer 140 as being present in areas corre- skin layer is absent from the ankle part of the knitted compo-
sponding with midfoot region 103 and areas that include nent.
Case 1:23-cv-12666-JCB Document 1-5 Filed 11/06/23 Page 47 of 47
US 8,898,932 B2
19 20
4. The article of footwear recited in claim 3, wherein the an exterior surface of the upper, the skin layer being
ankle part of the knitted component forms (a) another portion absent from the ankle part of the knitted component.
of the exterior surface of the upper and (b) a portion of an 12. The article of footwear recited in claim 11, wherein the
interior surface of the upper. foot part of the knitted component is in a foot region of the
5. The article of footwear recited in claim 1, wherein the 5
upper and the ankle part of the knitted component is in an
ankle region of the upper, the foot region having less stretch
ankle part of the knitted component has a continuous struc-
than the ankle region.
ture for extending entirely around the ankle of the wearer. 13. The article of footwear recited in claim 11, wherein the
6. The article of footwear recited in claim 1, wherein the ankle part of the knitted component forms (a) another portion
skin layer is thermally bonded to the knitted component. of the exterior surface of the upper and (b) a portion of an
10
7. The article of footwear recited in claim 1, wherein the interior surface of the upper.
inlaid strand extends from a throat area of the upper to an area 14. The article of footwear recited in claim 11, wherein the
where the upper is secured to the sole structure. ankle part of the knitted component has a continuous struc-
8. The article of footwear recited in claim 1, wherein the ture for extending entirely around the ankle of the wearer.
skin layer is a continuous layer that covers an entirety of the 15. The article of footwear recited in claim 11, wherein the
15 foot part of the knitted component defines a plurality of pro-
foot portion of the foot part, and wherein the skin layer is
absent from the ankle part of the knitted component. truding areas that extend outward and away from a void
9. The article of footwear recited in claim 1, wherein the
within the upper for receiving the foot of the wearer.
16. The article of footwear recited in claim 15, wherein the
upper includes a medial side, a lateral side, and a forefoot
region; protruding areas include a tubular structure and an inlaid
20 strand extending through the tubular structure.
wherein the skin layer is absent from the ankle part of the
knitted component; and 17. The article of footwear recited in claim 15, wherein the
wherein the foot part is entirely covered by the skin layer on protruding areas include a tubular structure and yam sections
the medial side, the lateral side, and the forefoot region. extending across the tubular structure.
10. The article of footwear recited in claim 1, wherein the 18. The article of footwear recited in claim 17, wherein the
25 yarn sections extending across the second tubular structure
plurality of yam sections extending across the second tubular
structure form tuck stitches. form tuck stitches.
19. The article of footwear recited in claim 15, wherein the
11. An article of footwear having an upper and a sole
structure secured to the upper, the upper comprising: protruding areas include (a) a first tubular structure and an
a knitted component that includes (a) a foot part for cov- inlaid strand extending through the first tubular structure and
30 (b) a second tubular structure and yam sections extending
ering at least a portion of a foot of a wearer and (b) an
ankle part for covering at least a portion of an ankle of across the second tubular structure.
20. The article of footwear recited in claim 19, wherein the
the wearer, the foot part and the ankle part being formed
of unitary knit construction; and first tubular structure and the second tubular structure extend
a skin layer that is thermally bonded to the knitted compo- from a throat area of the upper to an area where the sole
35 structure is secured to the upper.
nent, the skin layer covering at least a portion of the foot
part of the knitted component and forming a portion of * * * * *
Case 1:23-cv-12666-JCB Document 1-6 Filed 11/06/23 Page 1 of 47
Exhibit 6
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US009060562B2
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(56) References Cited International Search Report and Written Opinion mailed Jul. 30.
OTHER PUBLICATIONS
2014 in International Application No. PCT/US2014/018845.
Taiwanese Office Action dated Nov. 14, 2014 in Taiwanese Patent
Letter from Bruce Huffa dated Dec. 23, 2013 (71 pages). Application No. 102105769.
Non-Final Office Action mailed Oct. 17, 2012 in U.S. Appl. No. International Search Report and Written Opinion mailed Jun. 20.
13/400,511.
Non-Final Office Action mailed Dec. 19, 2012 in U.S. Appl. No. 2014 in International Application No. PCT/US2014/018852.
13/474,531.
Notice of Allowance mailed Jan. 31, 2013 in U.S. Appl. No.
13/400,511. * cited by examiner
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US 9,060,562 B2
1. 2
METHOD OF KNITTING A KNITTED often joined in a layered configuration to impart multiple
COMPONENT WITH AN INTEGRAL KNIT properties to the same areas. As the number and type of
TONGUE material elements incorporated into the upper increases, the
time and expense associated with transporting, Stocking, cut
CROSS-REFERENCE TO RELATED ting, and joining the material elements may also increase.
APPLICATION Waste material from cutting and Stitching processes also
accumulates to a greater degree as the number and type of
This application is a continuation-in-part of co-pending material elements incorporated into the upper increases.
U.S. patent application Ser. No. 13/400,511, entitled “Article Moreover, uppers with a greater number of material elements
Of Footwear Incorporating A Knitted Component With A 10
may be more difficult to recycle than uppers formed from
Tongue’, filed on Feb. 20, 2012, which application is hereby fewer types and numbers of material elements. By decreasing
incorporated by reference in its entirety. the number of material elements used in the upper, therefore,
BACKGROUND waste may be decreased while increasing the manufacturing
15 efficiency and recyclability of the upper.
The present invention relates generally to methods of Therefore, there exists a need for an article of footwear that
manufacturing articles of footwear, and, in particular, to a incorporates a knitted component with an integral knit
knitting process for a knitted component with an integral knit tongue.
tongue for an article of footwear. SUMMARY
Conventional articles of footwear generally include two
primary elements, an upper and a sole structure. The upper is
secured to the sole structure and forms a void on the interior Various configurations of an article of footwear may have
of the footwear for comfortably and securely receiving a foot. an upper and a sole structure secured to the upper. A knitted
The sole structure is secured to a lower area of the upper, component including the upper and an integral knit tongue is
thereby being positioned between the upper and the ground. 25 incorporated into the article of footwear. The upper and the
In athletic footwear, for example, the sole structure may integral knit tongue are formed as a one-piece knit element.
include a midsole and an outsole. The midsole often includes The knit element defines a portion of an exterior surface of the
a polymer foam material that attenuates ground reaction upper and an opposite interior Surface of the upper, with the
forces to lessen stresses upon the foot and leg during walking, interior surface defining a void for receiving a foot. The
running, and other ambulatory activities. Additionally, the 30 integral knit tongue is formed of unitary knit construction
midsole may include fluid-filled chambers, plates, modera with the upper as a one-piece knit element and extends
tors, or other elements that further attenuate forces, enhance through a throat area of the upper. The integral knit tongue
stability, or influence the motions of the foot. The outsole is incorporates raised elements providing lace apertures for a
secured to a lower surface of the midsole and provides a lacing System.
ground-engaging portion of the sole structure formed from a 35 In one aspect, the invention provides a method of manu
durable and wear-resistant material, such as rubber. The sole facturing a knitted component for an article of footwear, the
structure may also include a sockliner positioned within the method comprising: knitting a portion of the knitted compo
void and proximal a lower surface of the foot to enhance nent defining an upper with a knitting machine, the upper
footwear comfort. including a portion of at least one of an exterior Surface of the
The upper generally extends over the instep and toe areas of 40 knitted component and an opposite interior Surface of the
the foot, along the medial and lateral sides of the foot, under knitted component; and knitting an integral knit tongue that is
the foot, and around the heel area of the foot. In some articles of unitary knit construction with the upper with the knitting
of footwear, such as basketball footwear and boots, the upper machine, the integral knit tongue extending through a throat
may extend upward and around the ankle to provide Support area of the knitted component; and wherein the integral knit
or protection for the ankle. Access to the void on the interior 45 tongue is joined by knitting with the knitting machine to a
of the upper is generally provided by an ankle opening in a forward portion of the throat area and at least along a portion
heel region of the footwear. A lacing system is often incor of a lateral side and a medial side of the throat area of the
porated into the upper to adjust the fit of the upper, thereby knitted component extending from the forward portion to an
permitting entry and removal of the foot from the void within ankle opening of the upper.
the upper. The lacing system also permits the wearer to 50 In another aspect, the invention provides a method of
modify certain dimensions of the upper, particularly girth, to manufacturing a knitted component for an article of footwear,
accommodate feet with varying dimensions. In addition, the the method comprising: knitting a first portion of the knitted
upper may include a tongue that extends under the lacing component defining an upper with a first feeder of a knitting
system to enhance adjustability of the footwear, and the upper machine, the upper including a portion of at least one of an
may incorporate a heel counter to limit movement of the heel. 55 exterior Surface of the knitted component and an opposite
A variety of material elements (e.g., textiles, polymer interior Surface of the knitted component; knitting a second
foam, polymer sheets, leather, synthetic leather) are conven portion of the knitted component defining the upper with a
tionally used in manufacturing the upper. In athletic footwear, second feeder of the knitting machine; and knitting an integral
for example, the upper may have multiple layers that each knit tongue that is of unitary knit construction with the upper
include a variety of joined material elements. As examples, 60 with at least one of the first feeder and the second feeder of the
the material elements may be selected to impart stretch-resis knitting machine, the integral knit tongue extending through
tance, wear-resistance, flexibility, air-permeability, com a throat area of the knitted component; and wherein the inte
pressibility, comfort, and moisture-wicking to different areas gral knit tongue is joined by knitting with the knitting
of the upper. In order to impart the different properties to machine to a forward portion of the throat area and at least
different areas of the upper, material elements are often cut to 65 along a portion of a lateral side and a medial side of the throat
desired shapes and then joined together, usually with Stitch area of the knitted component extending from the forward
ing or adhesive bonding. Moreover, the material elements are portion to an ankle opening of the upper.
Case 1:23-cv-12666-JCB Document 1-6 Filed 11/06/23 Page 34 of 47
US 9,060,562 B2
3 4
In another aspect, the invention provides a method of FIG. 14 is a cross-sectional view of the integral knit tongue
manufacturing a knitted component for an article of footwear, of the knitted component having partially decoupled knit
the method comprising: knitting a first portion of the knitted elements, as defined by section line 14 in FIG. 13;
component defining an upper with a first feeder of a knitting FIG. 15 is a cross-sectional view of the integral knittongue
machine, the upper including a portion of at least one of an 5 of the knitted component having partially decoupled knit
exterior Surface of the knitted component and an opposite elements, as defined by section line 15 in FIG. 13;
interior Surface of the knitted component; knitting a second FIG. 16 is a loop diagram of an exemplary embodiment of
portion of the knitted component defining the upper with a an integral knit tongue;
second feeder of the knitting machine; and knitting an integral FIG. 17 is an isometric view of an exemplary embodiment
knit tongue that is of unitary knit construction with the upper 10 of a knitting machine;
with a third feeder of the knitting machine, the integral knit FIG. 18 is a schematic view of internal components of the
tongue extending through a throat area of the knitted compo knitting machine in operation;
nent; and wherein the integral knittongue is joined by knitting FIG. 19 is a schematic view of internal components of the
with the knitting machine to a forward portion of the throat knitting machine in operation to manufacture a knitted com
area and at least along a portion of a lateral side and a medial 15 ponent with an integral knit tongue;
side of the throat area of the knitted component extending FIG. 20 is a schematic view of internal components of the
from the forward portion to an ankle opening of the upper. knitting machine in operation to manufacture a knitted com
Other systems, methods, features and advantages of the ponent with an integral knit tongue;
invention will be, or will become, apparent to one of ordinary FIG. 21 is a schematic view of internal components of the
skill in the art upon examination of the following figures and knitting machine in operation to manufacture a knitted com
detailed description. It is intended that all such additional ponent with an integral knit tongue;
systems, methods, features and advantages be included FIG.22 is a schematic view of internal components of the
within this description and this Summary, be within the scope knitting machine in operation to manufacture a knitted com
of the invention, and be protected by the following claims. ponent with an integral knit tonguehaving a partially integral
25 portion;
BRIEF DESCRIPTION OF THE DRAWINGS FIG. 23 is a schematic view of internal components of the
knitting machine in operation to manufacture a knitted com
The invention can be better understood with reference to ponent with an integral knit tonguehaving a partially integral
the following drawings and description. The components in portion;
the figures are not necessarily to Scale, emphasis instead 30 FIG. 24 is a schematic view of internal components of the
being placed upon illustrating the principles of the invention. knitting machine in operation to manufacture a knitted com
Moreover, in the figures, like reference numerals designate ponent with an integral knit tongue having a partially integral
corresponding parts throughout the different views. portion;
FIG. 1 is an isometric view of an exemplary embodiment of FIG.25 is a schematic view of internal components of the
an article of footwear; 35 knitting machine in operation to manufacture a knitted com
FIG. 2 is a lateral side view of an exemplary embodiment of ponent with an integral knit tonguehaving a partially integral
an article of footwear; portion;
FIG. 3 is a medial side view of an exemplary embodiment FIG. 26 is a schematic view of internal components of the
of an article of footwear; knitting machine in operation to manufacture a knitted com
FIG. 4A is across-sectional view of the article of footwear, 40 ponent with an integral knit tongue having partially
as defined by section lines 4A in FIGS. 2 and 3; decoupled knit layers;
FIG. 4B is a cross-sectional view of the article of footwear, FIG. 27 is a schematic view of internal components of the
as defined by section lines 4B in FIGS. 2 and 3; knitting machine in operation to manufacture a knitted com
FIG. 5 is a top plan view of an exemplary embodiment of a ponent with an integral knit tongue having partially
knitted component with an integral knit tongue; 45 decoupled knit layers;
FIG. 6 is a cross-sectional view of the knitted component FIG. 28 is a schematic view of internal components of the
with the integral knit tongue, as defined by section line 6 in knitting machine in operation to manufacture a knitted com
FIG. 5; ponent with an integral knit tongue having partially
FIG. 7 is an enlarged schematic view of the integral knit decoupled knit layers; and
tongue of the knitted component; 50 FIG. 29 is a schematic view of internal components of the
FIG. 8 is a top plan view of an alternate embodiment of a knitting machine in operation to manufacture a knitted com
knitted component with an integral knit tongue; ponent with an integral knit tongue having partially
FIG. 9 is a cross-sectional view of the knitted component decoupled knit layers.
with the integral knit tongue, as defined by section line 9 in
FIG. 8: 55 DETAILED DESCRIPTION
FIG. 10 is a top plan view of an alternate embodiment of a
knitted component with an integral knit tongue having a The following discussion and accompanying figures dis
partially integral portion; close a variety of concepts relating to knitted components and
FIG. 11 is an enlarged schematic view of the integral knit the manufacture of knitted components. Although the knitted
tongue of the knitted component having a partially integral 60 components may be used in a variety of products, an article of
portion; footwear that incorporates one of the knitted components is
FIG. 12 is a cross-sectional view of the knitted component disclosed below as an example. In addition to footwear, the
with the integral knit tongue having a partially integral por knitted components may be used in other types of apparel
tion, as defined by section line 12 in FIG. 11; (e.g., shirts, pants, socks, jackets, undergarments), athletic
FIG. 13 is a top plan view of an alternate embodiment of a 65 equipment (e.g., golfbags, baseball and football gloves, Soc
knitted component with an integral knit tongue having par cer ball restriction structures), containers (e.g., backpacks,
tially decoupled knit elements; bags), and upholstery for furniture (e.g., chairs, couches, car
Case 1:23-cv-12666-JCB Document 1-6 Filed 11/06/23 Page 35 of 47
US 9,060,562 B2
5 6
seats). The knitted components may also be used in bed (e.g., a polyurethane or ethylvinylacetate foam) that attenu
coverings (e.g., sheets, blankets), table coverings, towels, ates ground reaction forces (i.e., provides cushioning) when
flags, tents, sails, and parachutes. The knitted components compressed between the foot and the ground during walking,
may be used as technical textiles for industrial purposes, running, or other ambulatory activities. In other embodi
including structures for automotive and aerospace applica ments, midsole 111 may incorporate plates, moderators,
tions, filter materials, medical textiles (e.g. bandages, Swabs, fluid-filled chambers, lasting elements, or motion control
implants), geotextiles for reinforcing embankments, agrotex members that further attenuate forces, enhance stability, or
tiles for crop protection, and industrial apparel that protects or influence the motions of the foot, or midsole 111 may be
insulates against heat and radiation. Accordingly, the knitted primarily formed from a fluid-filled chamber. Outsole 112 is
components and other concepts disclosed herein may be 10
secured to a lower surface of midsole 111 and may be formed
incorporated into a variety of products for both personal and from a wear-resistant rubber material that is textured to
industrial purposes. impart traction. Sockliner 113 is located within upper 120 and
Footwear Configurations
FIGS. 1 through 15 illustrate various footwear configura is positioned to extend under a lower surface of the foot to
tions according to the principles described and illustrated 15 enhance the comfort of footwear 100. Although this configu
herein. In particular, FIGS. 1-4B illustrate an exemplary ration for sole structure 110 provides an example of a sole
embodiment of an article of footwear incorporating a knitted structure that may be used in connection with upper 120, a
component including an upper and an integral knit tongue. variety of other conventional or nonconventional configura
FIGS. 1 through 4B illustrate an exemplary embodiment of tions for sole structure 110 may also be used. Accordingly, in
an article of footwear 100, also referred to simply as footwear other embodiments, the features of sole structure 110 or any
100. In some embodiments, article of footwear 100 may sole structure used with upper 120 may vary.
include a sole structure 110 and an upper 120. Although In some embodiments, upper 120 defines a void within
footwear 100 is illustrated as having a general configuration footwear 100 for receiving and securing a foot relative to sole
suitable for running, concepts associated with footwear 100 structure 110. The void is shaped to accommodate the foot
may also be applied to a variety of other athletic footwear 25 and extends along a lateral side of the foot, along a medial side
types, including baseball shoes, basketball shoes, cycling of the foot, over the foot, around the heel, and under the foot.
shoes, football shoes, tennis shoes, Soccer shoes, training Access to the Void is provided by an ankle opening 121
shoes, walking shoes, and hiking boots, for example. The located in at least heel region 103. In some embodiments, a
concepts may also be applied to footwear types that are gen throat area 123 extends from ankle opening 121 inheel region
erally considered to be non-athletic, including dress shoes, 30 103 over an area corresponding to an instep of the foot to an
loafers, sandals, and work boots. Accordingly, the concepts area adjacent to forefoot region 101. In an exemplary embodi
disclosed with respect to footwear 100 may be applied to a ment, an integral knit tongue 140 is formed of unitary knit
wide variety of footwear types. construction with upper 120 and extends through throat area
For reference purposes, footwear 100 may be divided into 123 of upper 120 between lateral side 104 and medial side
three general regions: a forefoot region 101, a midfoot region 35 105.
102, and a heel region 103, as shown in FIGS. 1, 2, and 3. A lace 122 extends through various lace apertures 143 in
Forefoot region 101 generally includes portions of footwear raised elements 142 of integral knit tongue 140 and permits
100 corresponding with the toes and the joints connecting the the wearer to modify dimensions of upper 120 to accommo
metatarsals with the phalanges. Midfoot region 102 generally date proportions of the foot. More particularly, lace 122 per
includes portions of footwear 100 corresponding with an arch 40 mits the wearer to tighten upper 120 around the foot, and lace
area of the foot. Heel region 103 generally corresponds with 122 permits the wearer to loosen upper 120 to facilitate entry
rear portions of the foot, including the calcaneuS bone. Foot and removal of the foot from the void (i.e., through ankle
wear 100 also includes a lateral side 104 and a medial side opening 121). In addition, integral knit tongue 140 of upper
105, which extend through each of forefoot region 101, mid 120 extends under lace 122 to enhance the comfort of foot
foot region 102, and heel region 103 and correspond with 45 wear 100. In further configurations, upper 120 may include
opposite sides of footwear 100. More particularly, lateral side additional elements, such as (a) a heel counter in heel region
104 corresponds with an outside area of the foot (i.e., the 103 that enhances stability, (b) a toe guard in forefoot region
surface that faces away from the other foot), and medial side 101 that is formed of a wear-resistant material, and (c) logos,
105 corresponds with an inside area of the foot (i.e., the trademarks, and placards with care instructions and material
surface that faces toward the other foot). Forefoot region 101, 50 information.
midfoot region 102, and heel region 103 and lateral side 104, Many conventional footwear uppers are formed from mul
medial side 105 are not intended to demarcate precise areas of tiple material elements (e.g., textiles, polymer foam, polymer
footwear 100. Rather, forefoot region 101, midfoot region sheets, leather, synthetic leather) that are joined through
102, and heel region 103 and lateral side 104, medial side 105 Stitching or bonding, for example. In contrast, a majority of
are intended to represent general areas of footwear 100 to aid 55 upper 120 is formed from a knitted component 130, which
in the following discussion. In addition to footwear 100, extends through each of forefoot region 101, midfoot region
forefoot region 101, midfoot region 102, and heel region 103 102, and heel region 103, along both lateral side 104 and
and lateral side 104, medial side 105 may also be applied to medial side 105, over forefoot region 101, and around heel
sole structure 110, upper 120, and individual elements region 103. In addition, knitted component 130 forms por
thereof. 60 tions of both an exterior Surface and an opposite interior
In an exemplary embodiment, sole structure 110 is secured surface of upper 120. As such, knitted component 130 defines
to upper 120 and extends between the foot and the ground at least a portion of the void within upper 120. In some
when footwear 100 is worn. In some embodiments, the pri configurations, knitted component 130 may also extend under
mary elements of sole structure 110 are a midsole 111, an the foot. Referring to FIGS. 4A and 4B, however, a strobel
outsole 112, and a sockliner 113 (shown in FIGS. 4A and 4B). 65 sock 125 is secured to knitted component 130 and an upper
Midsole 111 is secured to a lower surface of upper 120 and surface of midsole 111, thereby forming a portion of upper
may be formed from a compressible polymer foam element 120 that extends under sockliner 113.
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In some embodiments, knitted component 130 may forms the various features and structures of first knitted com
include upper 120 and integral knit tongue 140 formed of ponent 500 without the need for significant additional manu
unitary knit construction. Knitted components that include facturing steps or processes. A unitary knit construction may
upper 120 and integral knit tongue 140 may be formed with a be used to form a knitted component having structures or
relatively smaller number of material elements. As discussed 5 elements (including upper 502 and integral knit tongue 512)
in the Background section above, decreasing the number of that include one or more courses of yarn or other knit material
material elements used in forming an upper may decrease that are joined such that the structures or elements include at
waste, while also increasing the manufacturing efficiency and least one course in common (i.e., sharing a common yarn)
recyclability of the upper. The tongue and other portions, such and/or include courses that are Substantially continuous
as the collar, of conventional uppers are often formed from 10 between each of the structures or elements. With this arrange
multiple separate material elements that are later joined ment, a one-piece element of unitary knit construction is
together. As discussed in greater detail below, however, inte provided.
gral knit tongue element may be primarily formed through Although portions of first knitted component 500 may be
knitting processes (rather than Stitch and turn methods) that joined to each other (e.g., edges of first knitted component
decrease waste and increase manufacturing efficiency and 15 500 being joined together) following the knitting process,
recyclability. Additionally, the structure of integral knit first knitted component 500 remains formed of unitary knit
tongue element 140 may incorporate Smaller numbers of construction because it is formed as a one-piece knit element.
seams or other discontinuities, thereby enhancing the overall Moreover, first knitted component 500 remains formed of
comfort of footwear 100. unitary knit construction when other elements (e.g., a lace,
Additional advantages of constructing integral knit tongue logos, trademarks, placards with care instructions and mate
140 during the knitting process and of unitary knit construc rial information, structural elements) are added following the
tion with upper 120 include providing more efficient manu knitting process.
facture and common properties. More particularly, manufac In an exemplary embodiment, the primary element of first
turing efficiency may be increased by forming more of knitted knitted component 500 is a knit element forming upper 502
component 130 during the knitting process and eliminating 25 and integral knit tongue 512. A knit element may be formed
Various steps (e.g., making a separate tongue, Securing the from at least one yarn that is manipulated (e.g., with a knitting
tongue) that are often performed manually. Integral knit machine) to form a plurality of intermeshed loops that define
tongue 140 and upper 120 may also have common properties a variety of courses and Wales. That is, the knit element
when formed from the same yarn (or type of yarn) or with forming first knitted component 500 has the structure of a knit
similar knit structures. For example, using the same yarn in 30 textile. Other embodiments of knitted components, including
both of integral knittongue 140 and upper 120 imparts similar the embodiments described below, may include a knit ele
durability, strength, stretch, wear-resistance, biodegradabil ment and at least one tensile element.
ity, thermal, and hydrophobic properties. In addition to physi First knitted component 500 has a generally U-shaped
cal properties, using the same yarn in both of integral knit configuration that is outlined by an outer perimeter and an
tongue 140 and upper 120 may impart common aesthetic or 35 inner perimeter. In this embodiment, the outer perimeter
tactile properties, such as color, sheen, and texture. Using the includes a front perimeter edge 503, a lateral perimeter edge
same knit structures in both of integral knit tongue 140 and 504, a medial perimeter edge 505, and a pair of heel edges,
upper 120 may also impart common physical properties and including a lateral heeledge 506 and a medial heeledge 507.
aesthetic properties. These advantages may also be present The inner perimeter of first knitted component 500 includes a
when at least a portion of integral knit tongue 140 and at least 40 lateral inner edge 508, a medial inner edge 509, and a front
a portion of upper 120 are formed from a common yarn (or inner edge 510. When incorporated into an article of foot
type of yarn) or with common knit structures. wear, including footwear 100, front perimeter edge 503, lat
Knitted Component Configurations eral perimeter edge 504, medial perimeter edge 505, and at
FIGS. 5through 15 illustrate various embodiments of knit least a portion of lateral heel edge 506 and medial heel edge
ted components that may be incorporated into articles of 45 507 lays againstan upper Surface of a midsole and is joined to
footwearina similar manner as the exemplary embodiment of a strobel sock (e.g., midsole 111 and strobel sock 125,
FIGS. 1 through 4B. The knitted components illustrated in described above). In addition, lateral heel edge 506 and
FIGS. 5 through 15 are depicted separate from a remainder of medial heel edge 507 are joined to each other and extend
footwear 100. However, it should be understood that each of Vertically in a heel region. In some configurations of foot
the embodiments of knitted components described herein 50 wear, a material element may cover a seam between lateral
may be combined with the elements of footwear 100, heeledge 506 and medial heeledge 507 to reinforce the seam
described above, to form an article of footwear incorporating and enhance the aesthetic appeal of the footwear. Taken
the knitted component. together, lateral inner edge 508, medial inner edge 509, and
Referring now to FIG. 5, an exemplary embodiment of a front inner edge 510 form an ankle opening, including ankle
first knitted component 500 is shown in a top plan view. First 55 opening 121 described above, and extends forward to a throat
knitted component 500 may be substantially similar to knitted area 520 where integral knit tongue 512 is located. Addition
component 130, described above. In some embodiments, first ally, in some embodiments, throat area 520 may further
knitted component 500 includes a first portion defining an include a lace and lace apertures for receiving the lace.
upper 502 and a second portion defining an integral knit In addition, first knitted component 500 may have a first
tongue 512. In an exemplary embodiment, first knitted com 60 surface 530 and an opposite second surface 532. First surface
ponent 500 incorporates upper 502 and integral knit tongue 530 forms a portion of the exterior surface of upper 502,
element 512 formed of unitary knit construction. As used whereas second surface 532 forms a portion of the interior
herein and in the claims, a knitted component (e.g., first surface of upper 502, thereby defining at least a portion of the
knitted component 500, or other knitted components void within upper 502.
described herein) is defined as being formed of “unitary knit 65 In various embodiments, a knitted component may incor
construction' when formed as a one-piece element through a porate various types of yarn that impart different properties to
knitting process. That is, the knitting process Substantially separate areas of the upper. For example, one area of first
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knitted component 500 may be formed from a first type of raised element 514 and a medial raised element 515. In an
yarn that imparts a first set of properties, and another area of exemplary embodiment, lateral raised element 514 and
first knitted component 500 may be formed from a second medial raised element 515 are formed of unitary knit con
type of yarn that imparts a second set of properties. In this struction with integral knit tongue 512 and upper 502 accord
configuration, properties may vary throughout upper 502 by ing to the method below. With this arrangement, lateral raised
selecting specific yarns for different areas of first knitted element 514 and medial raised element 515 include one or
component 500. more common courses and/or courses that are substantially
The properties that a particular type of yarn will impart to continuous with integral knit tongue 512 and upper 502.
an area of a knitted component partially depend upon the In some embodiments, raised elements associated with an
materials that form the various filaments and fibers within the 10 integral knit tongue, including lateral raised element 514 and
yarn. Cotton, for example, provides a Soft hand, natural aes medial raised element 515 associated with integral knit
thetics, and biodegradability. Elastane and stretch polyester tongue 512, may include one or more lace apertures disposed
each provide substantial stretch and recovery, with stretch at various locations along the raised element for receiving a
polyester also providing recyclability. Rayon provides high lace. In some cases, the lace apertures may be a Void or
luster and moisture absorption. Wool also provides high 15 opening within the knitted structure forming the raised ele
moisture absorption, in addition to insulating properties and ment that is sufficient to allow a lace to pass through. In other
biodegradability. Nylon is a durable and abrasion-resistant cases, the lace apertures may be a hole or opening that is cut
material with relatively high strength. Polyester is a hydro or removed from the material forming the raised elements. In
phobic material that also provides relatively high durability. still other cases, the lace apertures may include additional
In addition to materials, other aspects of the yarns selected elements, including, but not limited to loops, grommets, eye
for a knitted component may affect the properties of the lets, eye hooks, or other Suitable lace receiving members.
upper. For example, a yarn forming first knitted component Referring now to FIG. 6, a cross-sectional view of integral
500 may be a monofilament yarn or a multifilament yarn. The knit tongue 512 is illustrated. In an exemplary embodiment,
yarn may also include separate filaments that are each formed raised elements are formed of unitary knit construction with
of different materials. In addition, the yarn may include fila 25 integral knit tongue 512 and upper 502 such that first knitted
ments that are each formed of two or more different materials, component 500 is a one-piece element. In this embodiment,
Such as a bi-component yarn with filaments having a sheath lateral raised element 514 is joined with upper 502 at a first
core configuration or two halves formed of different materi proximal end 600 and medial raised element 515 is joined
als. Different degrees of twist and crimping, as well as differ with upper 502 at a second proximal end 601. Each raised
ent deniers, may also affect the properties of upper 502. 30 element extends outward from first surface 530 of upper 502
Accordingly, both the materials forming the yarn and other in a flap-like arrangement to form an overhanging portion of
aspects of the yarn may be selected to impart a variety of integral knit tongue 512. In this embodiment, lateral raised
properties to separate areas of upper 502. element 514 extends outward from first proximal end 600 to
In some embodiments, integral knit tongue 512 may be a first distal end 602 and includes a first outward facing side
centrally-located in throat area 520 of first knitted component 35 604 and a first inward facing side 606. Similarly, medial
500 and may extend from an ankle opening in a heel region raised element 515 extends outward from second proximal
over an area corresponding to an instep of the foot to an area end 601 to a second distal end 603 and includes a second
adjacent to a forefoot region, as well as extending between a outward facing side 605 and a second inward facing side 607.
lateral side and a medial side of first knitted component. In an In an exemplary embodiment, first outward facing side 604
exemplary embodiment, integral knit tongue 512 is formed of 40 and/or second outward facing side 605 may be oriented
unitary knit construction with upper 502 at a forward portion towards each side of first knitted component 500, while first
of throat area 520 of first knitted component 500. That is, inward facing side 606 and/or second inward facing side 607
integral knit tongue 512 is joined through knitting to upper may be oriented towards the center of first knitted component
502 at the forward portion of throat area 520 such that integral 500 where integral knit tongue 512 is located.
knit tongue 512 and upper 502 include at least one course in 45 In addition, as shown in FIG. 6, lateral raised element 514
common and/or include courses that are Substantially con and medial raised element 515 are shown in a flat configura
tinuous between integral knit tongue 512 and upper 502 at the tion such that first inward facing side 606 and/or second
forward portion of throat area 520. inward facing side 607 is oriented towards first surface 530. In
In an exemplary embodiment, integral knittongue 512 may various embodiments, however, raised elements, including
be further formed of unitary knit construction with upper 502 50 lateral raised element 514 and medial raised element 515,
along the sides of integral knit tongue 512 extending along a may be positioned in an upright configuration. Referring now
length of throat area 520 of first knitted component 500. to FIG. 7, lateral raised element 514 and medial raised ele
Accordingly, integral knit tongue 512 is joined through knit ment 515 are shown in an upright configuration such that first
ting to upper 502 along each of a lateral side and a medial side inward facing side 606 and/or second inward facing side 607
of throat area 520 such that integral knit tongue 512 and upper 55 is oriented generally perpendicular to orata raised angle with
502 include at least one course in common and/or include regard to first surface 530. In some embodiments, the process
courses that are substantially continuous between integral of pulling upper 502 tight on opposite sides of integral knit
knit tongue 512 and upper 502 along the sides extending tongue 512 (for example, by joining first knitted component
through throat area 520. 500 with a sole structure to form an article of footwear) may
In some embodiments, integral knit tongue 512 may 60 cause each of lateral raised element 514 and medial raised
include raised elements disposed on opposite sides of throat element 515 to move from the flat configuration to the upright
area 520 and extending along the length of integral knit configuration.
tongue 512. Raised elements may be a portion of integral knit In an exemplary embodiment, lateral raised element 514
tongue 512 that are formed through the knitting process to be and medial raised element 515 of integral knit tongue 512
a flap or overhanging portion of integral knit tongue 512 that 65 may extend a first height H1 above first surface 530 of first
extends outward away from first surface 530 of upper 502. As knitted component 500. In some embodiments, upright con
shown in FIG. 5, integral knit tongue 512 includes a lateral figuration of lateral raised element 514 and medial raised
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element 515 may be used to incorporate lace apertures into embodiment, the configuration of integral knit tongue 812
integral knit tongue 512. In this embodiment, a plurality of included in second knitted component 800 may be provided
lace apertures 700 are shown disposed along the respective to lay in a Substantially flat condition.
sides of lateral raised element 514 and medial raised element In various embodiments, provisions may be made within a
515 and extending through from first outward facing side 604 5 knitted component to assist a wearer with inserting and/or
to first inward facing side 606 and from second outward removing a foot from an ankle opening of an article of foot
facing side 605 to second inward facing side 607. In some wear. In some embodiments, an integral knit tongue of a
cases, plurality of lace apertures 700 may be avoid or opening knitted component may be modified to allow for a larger
within the knitted structure of integral knit tongue 512 form ankle opening. FIGS. 10 through 15 illustrate alternate
ing the raised elements. In other cases, plurality of lace aper 10 embodiments of knitted components that have been provided
tures 700 may have a different structure, including any of the with mechanisms to allow a larger ankle opening when incor
suitable structures for lace apertures described above. porated into an article of footwear.
Referring to FIGS. 8 and 9, an exemplary embodiment of a FIGS. 10 through 12 illustrate an alternate embodiment of
second knitted component 800 is shown in a top plan view. a knitted component that includes a mechanism to allow a
Second knitted component 800 may be substantially similar 15 larger ankle opening when incorporated into an article of
to knitted component 130 and/or first knitted component 500, footwear. Referring now to FIG. 10, a top plan view of an
described above. In some embodiments, second knitted com alternate embodiment of a knitted component with an integral
ponent 800 includes a first portion defining an upper 802 and knit tongue having a partially integral portion is illustrated. In
a second portion defining an integral knit tongue 812. In an some embodiments, a third knitted component 1000 may
exemplary embodiment, second knitted component 800 include a first portion defining an upper 1002 and a second
incorporates upper 802 and integral knit tongue 812 formed portion defining an integral knit tongue 1010. Third knitted
of unitary knit construction. component 1000 may be substantially similar to knitted com
As with first knitted component 500, second knitted com ponent 130, first knitted component 500, and/or second knit
ponent 800 has a generally U-shaped configuration that is ted component 800, described above. As with first knitted
outlined by an outer perimeter and an inner perimeter. In this 25 component 500 and/or second knitted component 800, third
embodiment, the outer perimeter includes a front perimeter knitted component 1000 may have a generally U-shaped con
edge 803, a lateral perimeter edge 804, a medial perimeter figuration that is outlined by an outer perimeter and an inner
edge 805, and a pair of heel edges, including a lateral heel perimeter. In this embodiment, the outer perimeter includes a
edge 806 and a medial heel edge 807. The inner perimeter of front perimeter edge 1003, a lateral perimeter edge 1004, a
second knitted component 800 includes a lateral inner edge 30 medial perimeter edge 1005, and a pair of heel edges, includ
808 and a medial inner edge 809 which may form an ankle ing a lateral heeledge 1006 and a medial heeledge 1007. The
opening. In addition, second knitted component 800 may inner perimeter of third knitted component 1000 includes a
have a first surface 830 forming a portion of the exterior lateral inner edge 1008 and a medial inner edge 1009 which
surface of upper 802 and an opposite second surface 832 may form an ankle opening. In addition, third knitted com
forming a portion of the interior surface of upper 802. 35 ponent 1000 may have a first surface 1030 forming a portion
In an exemplary embodiment, second knitted component of the exterior surface of upper 1002 and an opposite second
800 may include integral knit tongue 812 that includes a top surface 1032 formingaportion of the interior surface of upper
end 814 that extends into the portion of second knitted com 10O2.
ponent 800 that is associated with an ankle opening. Top end In some embodiments, third knitted component 1000 may
814 may be generally free from other portions of second 40 further include additional structures. In an exemplary
knitted component 800. Integral knit tongue 812 may be embodiment, third knitted component 1000 may include at
formed of unitary knit construction with upper 802 at a for least one tensile element 1040 that is inlaid within the knit
ward portion of a throat area 820 of second knitted component structure of third knitted component 1000. Suitable materials
800 and along the sides of integral knit tongue 812 extending for tensile element 1040 may include, but is not limited to,
along a length of throat area 820. In an exemplary embodi 45 yarn oran inlaid strand in the configuration of a filament (e.g.,
ment, integral tongue 812 of second knitted component 800 a monofilament), thread, rope, webbing, cable, or chain. Ten
does not include raised elements. Accordingly, in contrast sile element 1040 extends through third knitted component
with first knitted component 500, second knitted component 1000 and passes between the various loops within a knit
800 includes a portion of upper 802 that extends over integral structure 1042 formed within third knitted component 1000.
knit tongue 812 to form a lateral inner edge 816 and a medial 50 Although tensile element 1040 generally extends along
inner edge 817. More particularly, edges of integral knit courses within knit structure 1042, tensile element 1040 may
tongue 812 are knit to an area of second knitted component also extend along wales within knit structure 1042. Advan
800 that is spaced outward from lateral inner edge 816 and tages of tensile element 1040 include providing Support, sta
medial inner edge 817. bility, and structure. For example, tensile element 1040
Referring now to FIG.9, a cross-sectional view of integral 55 assists with securing upper 1002 around the foot, limits defor
knit tongue 812 is illustrated. In an exemplary embodiment, mation in areas of upper 1002 (e.g., imparts stretch-resis
edges of integral knit tongue 812 are formed of unitary knit tance) and operates in connection withalace to enhance the fit
construction with upper 802 such that second knitted compo of the article of footwear incorporating third knitted compo
nent 800 is a one-piece element. In this embodiment, first nent.
edge 900 and second edge 902 of integral knit tongue 812 are 60 A tensile element in the form of an inlaid strand or other
joined with second surface 832 of upper 802 such that integral Suitable element, as well as the method of manufacturing a
knit tongue 812 extends below lateral inner edge 816 and knitted component incorporating an inlaid strand and knit
medial inner edge 817 of upper 802. With this arrangement, a structures, for use in the embodiments described herein is
top Surface of integral knit tongue 812 may be oriented facing disclosed in one or more of commonly-owned U.S. patent
towards second surface 832 of second knitted component 800 65 application Ser. No. 12/338,726 to Dua et al., entitled “Article
disposed on the portion of upper 802 extending out to lateral of Footwear Having An Upper Incorporating A Knitted Com
inner edge 816 and medial inner edge 817. In an exemplary ponent’, filed on Dec. 18, 2008 and published as U.S. Patent
Case 1:23-cv-12666-JCB Document 1-6 Filed 11/06/23 Page 39 of 47
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13 14
Application Publication Number 2010/0154256 on Jun. 24, wearer disposed within the ankle opening to enhance the
2010, and U.S. patent application Ser. No. 13/048.514 to comfort of the article of footwear incorporating third knitted
Huffa et al., entitled “Article Of Footwear Incorporating A component 1000.
Knitted Component’, filed on Mar. 15, 2011 and published as In some embodiments, partially integral portion 1012 of
U.S. Patent Application Publication Number 2012/0233882 integral knit tongue 1010 may include multiple knit struc
on Sep. 20, 2012, both of which applications are hereby tures, including knit structures of different types. For
incorporated by reference in their entirety (collectively example, partially integral portion 1012 may include a first
referred to herein as the “Inlaid Strand cases”). knit structure 1102 and a second knit structure 1104. First knit
In an exemplary embodiment, third knitted component 10
structure 1102 may be associated with a first knit type and
1000 incorporates upper 1002 and integral knit tongue 1010 may be centrally located and extending along integral knit
formed of unitary knit construction Such that at least a portion tongue 1010 from rearward portion 1100 to the forward por
of upper 1002 and a portion of integral knit tongue 1010 are tion of throat area 1020. Second knit structure 1104 may be
a one-piece element. In one embodiment, integral knittongue associated with a second knit type and may be located along
1010 may further include a first portion that is formed of peripheral sides of integral knittongue 1010 between first knit
unitary knit construction with upper 1002 along the sides of structure 1102 and each of lateral raised element 1016 and
integral knit tongue 1010 and a second portion that is formed medial raised element 1015 extending similarly from rear
of unitary knit construction with the first portion, but is oth ward portion 1100 to the forward portion of throat area 1020.
erwise free from upper 1002. In this embodiment, third knit In one embodiment, first knit structure 1102 and second knit
ted component 1000 includes integral knit tongue 1010 hav structure 1104 may be different knit structures or different
ing a partially integral portion 1012 and a free portion 1014. types of knit structures. For example, in Some cases, first knit
In an exemplary embodiment, partially integral portion structure 1102 may be a mesh or similar knit type and second
1012 may be centrally-located in a throat area 1020 of third knit structure 1104 may be a jersey or similar knit type. In
knitted component 1000 and may extend from a distance D1 other cases, first knit structure 1102 may be a double-knit
adjacent to an ankle opening in a heel region over an area 25 jersey structure and second knit structure 1104 may be a
corresponding to an instep of the foot to an area adjacent to a single-knit jersey structure. As shown in FIG. 12, first knit
forefoot region, as well as extending between a lateral side structure 1102 may have a greater thickness than second knit
and a medial side of third knitted component 1000. In one structure 1104 disposed on either peripheral side of first knit
embodiment, partially integral portion 1012 is formed of structure 1102 extending along the length of partially integral
unitary knit construction with upper 1002 at a forward portion 30 portion 1012 of integral knit tongue 1010.
of throat area 1020 as well as along the sides extending along In some embodiments, lace apertures for receiving a lace
a length of throat area 1020 of third knitted component 1000. may be provided by tensile element 1040. In an exemplary
Accordingly, partially integral portion 1012 is joined through embodiment, a plurality of lace loops 1110 may be disposed
knitting to upper 1002 along the forward portion and each of at portions of tensile element 1040 that extend out from knit
a lateral side and a medial side of throat area 1020 such that 35 structure 1042 adjacent to lateral raised element 1016 and
partially integral portion 1012 and upper 1002 include at least medial raised element 1015 on opposite sides of throat area
one course in common and/or include courses that are Sub 1020 of third knitted component 1000. With this configura
stantially continuous. tion, a lace (not shown) may be disposed through plurality of
In an exemplary embodiment, integral knit tongue 1010 lace loops 1110 to assist with securing an article of footwear
may include raised elements disposed on opposite sides of 40 incorporating third knitted component 1000 onto a foot of a
throat area 1020 and extending along the length of integral wearer. In other embodiments, lace apertures may have a
knit tongue 1010. Raised elements may be a portion of inte different structure, including any of the suitable structures for
gral knit tongue 1010 that are formed through the knitting lace apertures described above.
process to be a flap or overhanging portion of integral knit FIGS. 13 through 15 illustrate another alternate embodi
tongue 1010 that extends outward away from first surface 45 ment of a knitted component with a mechanism to allow a
1030 of upper 1002. As shown in FIGS. 10 and 11, integral larger ankle opening when incorporated into an article of
knit tongue 1010 includes a lateral raised element 1016 and a footwear. Referring now to FIG. 13, a top plan view of an
medial raised element 1015 that are formed of unitary knit alternate embodiment of a knitted component with an integral
construction with upper 1002 and partially integral portion knit tongue having partially decoupled knit elements is illus
1012 of integral knit tongue 1010. Lateral raised element 50 trated. In some embodiments, a fourth knitted component
1016 and/or medial raised element 1015 may be substantially 1300 may include a first portion defining an upper 1302 and a
similar to, and similarly formed as lateral raised element 514 second portion defining an integral knit tongue 1310. Fourth
and medial raised element 515, described above. knitted component 1300 may share one or more substantially
Referring now to FIG. 11, in an exemplary embodiment, similar features with knitted component 130, first knitted
free portion 1014 may be disposed at a top end of throat area 55 component 500, second knitted component 800, and/or third
1020 of third knitted component 1000 adjacent to the ankle knitted component 1000, described above. As with the previ
opening. In one embodiment, free portion 1014 is formed of ous embodiments of knitted components, fourth knitted com
a unitary knit construction with partially integral portion ponent 1300 may similarly have a generally U-shaped con
1012 at a rearward portion 1100 of throat area 1020, but is figuration that is outlined by an outer perimeter and an inner
otherwise not joined or attached to other portions of upper 60 perimeter. In this embodiment, the outer perimeter includes a
1002 and/or third knitted component 1000. With this arrange front perimeter edge 1303, a lateral perimeter edge 1304, a
ment, an ankle opening may be provided with a larger open medial perimeter edge 1305, and a pair of heel edges, includ
ing corresponding to the location of rearward portion 1100 of ing a lateral heeledge 1306 and a medial heeledge 1307. The
partially integral portion 1012 of integral knit tongue 1010 inner perimeter of fourth knitted component 1300 includes a
that extends distance D1 from the ankle opening along throat 65 lateral inner edge 1308 and a medial inner edge 1309 which
area 1020 of third knitted component 1000. Freeportion 1014 may form an ankle opening. In addition, fourth knitted com
of integral knit tongue 1010 may serve to cover a foot of a ponent 1300 may have a first surface 1330 forming a portion
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of the exterior surface of upper 1302 and an opposite second ted component 1300 may be configured with throat area 1320
surface 1332 forming a portion of the interior surface of upper that is allowed to stretch to accommodate a foot of a wearer
1302. inserted through an ankle opening of an article of footwear
In some embodiments, fourth knitted component 1300 incorporating fourth knitted component 1300.
may further include additional structures, including at least Additionally, in some embodiments, by forming integral
one tensile element 1340 that is inlaid within a knit structure knit tongue 1310 of unitary knit construction with a first knit
1342 of fourth knitted component 1300. Tensile element 1340 element layer of fourth knitted component 1300 that is par
may be substantially similar to tensile element 1040. tially decoupled from a second knit element layer, the throat
described above, including suitable materials and methods of area 1320 may further be permitted to stretch to allow a larger
manufacturing a knitted component incorporating tensile ele 10 ankle opening for an article of footwear incorporating fourth
ments and knit structures disclosed in the Inlaid Strand cases. knitted component 1300. The partial decoupling of the first
In an exemplary embodiment, tensile element 1340 may fur knit element layer and the second knit element layer may be
ther include a plurality of lace loops 1344 that may be con shown in FIGS. 14 and 15.
figured to receive a lace. Plurality of lace loops 1344 may be Referring now to FIGS. 14 and 15, in this embodiment,
disposed at portions of tensile element 1340 that extend out 15 upper 1302 may include a first knit element layer 1400 asso
from knit structure 1342 and may have a substantially similar ciated with first surface 1330 of fourth knitted component
structure as lace loops 1110, described above. In some cases, 1300 and a second knit element layer 1402 associated with
lace loops 1344 may serve as lace apertures for receiving a second surface 1332 of fourth knitted component 1300. In an
lace. In other cases, lace loops 1344 may coordinate with one exemplary embodiment, first knit element layer 1400 and
or more lace apertures disposed within raised elements of second knit element layer 1402 may be partially decoupled at
integral knit tongue 1310 to receive a lace. In still other cases, the portion of fourth knitted component 1300 associated with
lace loops 1344 may be disposed through lace apertures dis integral knit tongue 1310. That is, while other portions of
posed within raised elements and may receive a lace that fourth knitted component 1300 may include a single knit
extends through a throat area 1320 of upper 1302. element having first surface 1330 on one side and second
In an exemplary embodiment, fourth knitted component 25 surface 1332 on the opposite side, the partially decoupled
1300 incorporates upper 1302 and integral knit tongue 1310 portion of fourth knitted component 1300 includes separate
formed of unitary knit construction Such that at least a portion first knit element layer 1400 and second knit element layer
of upper 1302 and a portion of integral knit tongue 1310 are 1402 disposed adjacent to one another, but not joined along
a one-piece element. In one embodiment, portions of upper the entirety of their surfaces. Accordingly, first surface 1330
1302 may be formed from multiple knit element layers. 30 is disposed on one side of first knit element layer 1400 and
Accordingly, integral knit tongue 1310 may be formed of second surface 1332 is disposed on one side of second knit
unitary knit construction with at least one of the knit element element layer 1402. At other portions of fourth knitted com
layers. ponent 1300, first knit element layer 1400 and second knit
In some embodiments, integral knit tongue 1310 may be element layer 1402 may be rejoined with one another through
centrally-located in throat area 1320 of fourth knitted com 35 the knitting process So as to form a single knit element extend
ponent 1300 and may extend from a top end 1314 adjacent to ing through the remaining portion of fourth knitted compo
an ankle opening in a heel region over an area corresponding nent 1300.
to an instep of the foot to an area adjacent to a forefoot region, In an exemplary embodiment, integral knit tongue 1310
as well as extending between a lateral side and a medial side may be formed of unitary knit construction with at least one
of upper 1302. In an exemplary embodiment, integral knit 40 knit element layer. In one embodiment, integral knit tongue
tongue 1310 is formed of unitary knit construction with at 1310 is formed of unitary knit construction with second knit
least one knit element layer associated with upper 1302 at a element layer 1402. As shown in FIGS. 14 and 15, integral
forward portion of throat area 1320 and along the sides knit tongue 1310 is joined through knitting to second knit
extending along a length of throat area 1320 of fourth knitted element layer 1402 of upper 1302 along each of a lateral side
component 1300. 45 and a medial side of throat area 1320 such that integral knit
In an exemplary embodiment, fourth knitted component tongue 1310 and second knit element layer 1402 include at
1300 may further include raised elements disposed on oppo least one course in common and/or include courses that are
site sides of throat area 1320 and extending along the length substantially continuous between integral knit tongue 1310
of integral knit tongue 1310. As shown in FIGS. 13 through and second knit element layer 1402 along the sides of upper
15, fourth knitted component 1300 includes a lateral raised 50 1302 extending through throat area 1320. Similarly, in an
element 1312 and a medial raised element 1313 that are exemplary embodiment, raised elements, including lateral
formed of unitary knit construction with at least one knit raised element 1312 and medial raised element 1313, may be
element layer of upper 1302. Lateral raised element 1312 formed of unitary knit construction with first knit element
and/or medial raised element 1313 may be substantially simi layer 1400.
lar to, and similarly formed as lateral raised elements 514, 55 In Some embodiments, integral knit tongue 1310 may
1016 and/or medial raised elements 515, 1015, described include multiple knit structures, including knit structures of
above. different types, as described above. For example, integral knit
In some embodiments, the portion of fourth knitted com tongue 1310 may include a first knit structure 1410 and a
ponent 1300 forming integral knit tongue 1310 may made second knit structure 1412. First knit structure 1410 may be
from a different material than the remaining portion of fourth 60 associated with a first knit type and may be centrally located
knitted component 1300. In an exemplary embodiment, inte and extending along integral knit tongue 1310 from a rear
gral knit tongue 1310 may be made from an elastic yarn that ward portion to the forward portion of throat area 1320.
has a large degree of elasticity, while the remaining portions Second knit structure 1412 may be associated with a second
of fourth knitted component 1300 may be made from a regu knittype and may be located along peripheral sides of integral
lar yarn that is substantially inelastic or that has a smaller 65 knittongue 1310 between first knit structure 1410 and each of
degree of elasticity compared with the elastic yarn. With this lateral raised element 1312 and medial raised element 1313
arrangement, integral knit tongueportion 1310 of fourth knit extending similarly from the rearward portion to the forward
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portion of throat area 1320. In this embodiment, first knit understood that the remaining portion of a knitted component
structure 1410 and second knit structure 1412 may be similar may be made according to any Suitable knitting process,
made of an elastic yarn, however, first knit structure 1410 may knitting process 1600 details an exemplary knitting process
be a double-knit jersey structure and second knit structure for an integral knit tongue portion of the overall knitted com
1412 may be a single-knitjersey structure. As shown in FIGS. ponent. Accordingly, in a first step 1601 yarn is transferred to
14 and 15, first knit structure 1410 may have a greater thick a backbed of a knitting machine. Next, in a second step 1602,
ness than second knit structure 1412. the yarn is knit along a first direction as shown, then back
In some embodiments, portions of first knit element layer along a second, opposite direction in a third step 1603. Next,
1400 and second knit element layer 1402 may be joined to in a fourth step 1604, the yarn is transferred to a frontbed of
secure first knit element layer 1400 and second knit element 10 the knitting machine and the yarn is knit along the first direc
layer 1402 at desired locations along integral knit tongue tion in a fifth step 1605. With this process, a raised element
1310. As shown in FIG. 14, a first yarn 1404 may be used to along one side of the integral knit tongue is formed. While an
join first knit element layer 1400 to second knit element layer exemplary knit type is illustrated for fifth step 1605 which
1402 at a first end 1406 where lateral raised element 1312 may form the central portion of an integral knit tongue, any
begins to extend outward over integral knit tongue 1310. 15 Suitable knittype may be used to make a central portion of the
Similarly, a second yarn 1403 may be used to join first knit integral knit tongue having any desired knit structure.
element layer 1400 to second knit element layer 1402 at a Similarly, from fifth step 1605, a raised element disposed
second end 1405 where medial raised element 1313 begins to on the opposite side of the integral knit tongue may also be
extend outward overintegral knittongue 1310. In some cases, formed. As shown in FIG. 16, after completing knitting asso
first yarn 1404 and/or second yarn 1403 may include a single ciated with fifth step 1605, the yarn may be transferred to the
yarn or a plurality of yarns from fourth knitted component backbed of the knitting machine at a sixth step 1606 and the
1300 that join first knit element layer 1400 to second knit yarn is knit along the second direction as shown in a seventh
element layer 1402 during the knitting process. In other cases, step 1607, thenback along in the opposite, first direction in an
first yarn 1404 and/or second yarn 1403 may include a stitch eighth step 1608. The yarn may then be transferred back to the
or a plurality of stitches that are used to join first knit element 25 frontbed of the knitting machine at a ninth step 1609 and the
layer 1400 to second knit element layer 1402 after the knitting yarn is knit along the second direction in a tenth step 1610
process. along the entirety of the width of the integral knit tongue. The
In one embodiment, the location of first yarn 1404 and/or exemplary knitting process 1600 may be repeated multiple
second yarn 1403 may be chosen to coincide with one or more times to make an integral knit tongue with raised elements
oflace loops 1344 of tensile element 1340. With this arrange 30 having the desired length along the knitted component. Simi
ment, first knit element layer 1400 and second knit element larly, portions of the integral knit tongue may be made wider
layer 1402 may be secured to each other at the location that or narrower by changing a number of needles that are asso
corresponds to where alace may be used to secure throat area ciated with knitting process 1600. For example, portions of
1320 of upper 1302 to fit onto a foot of a wearer of an article knitting process 1600, including fifth step 1605 and/or tenth
of footwear incorporating fourth knitted component 1300. In 35 step 1610, may be varied to include a larger or smaller number
contrast, the partially decoupled portion of fourth knitted of needles to correspondingly increase or decrease the width
component 1300 shown in FIG. 15 does not include first yarn of the integral knit tongue. In addition, as noted above, other
1404 and/or second yarn 1403 joining first knit element layer knitting processes not shown here may be used to make the
1400 to second knit element layer 1402. Accordingly, at the remaining portions of the knitted component.
partially decoupled portion, first knit element layer 1400 and 40 Additionally, the knit types illustrated in FIG.16 are exem
second knit element layer 1402 may be allowed to move plary and in different embodiments may be varied. For
independently of one another. This arrangement, together example, as shown in knitting process 1600, each raised ele
with the use of an elastic yarn to form one or more portions of ment is made from a double-jersey half-gauge knit, whereas
second knit element layer forming integral knit tongue 1310, the central portion of the integral knit tongue is made from a
allows throat area 1320 to stretch to allow a larger ankle 45 single-jersey half-gauge knit. However, in other embodi
opening for an article of footwear incorporating fourth knit ments, one or more knit types may vary. For example, in some
ted component 1300. cases, the central portion of the integral knit tongue may
Knitting Process for a Knitted Component include one or more portions of full-gauge (or “all-needle')
FIGS. 16 through 29 illustrate various knitting processes single or double-jersey knit. In other cases, the width of
that may be used to manufacture a knitted component in 50 various knit types along the central portion of the integral
accordance with the principles described herein. In various tongue may be varied repeatedly, for example, by using dif
embodiments described herein, the different knit structures of ferent numbers of needles, as noted above. Still other cases
a particular knitted component may be made using various may include a combination of knittypes and/or knit structures
types of knit structures, including knit types and yarn types. employing various combinations of knit, tuck, or float
In an exemplary embodiment, the integral knit tongue of a 55 Stitches.
knitted component that includes raised elements along a Although knitting may be performed by hand, the commer
medial side and a lateral side may be formed using a specific cial manufacture of knitted components is generally per
knitting process. For purposes of reference, FIG. 16 depicts a formed by knitting machines. FIG. 17 illustrates an exem
loop diagram of the manner in which raised elements associ plary embodiment of a knitting machine 1700 that is suitable
ated with an integral knit tongue, including, for example, any 60 for producing any of the knitted components described in the
of raised elements 142, raised elements 514,515, raised ele previous embodiments, including knitted component 130,
ments 1015, 1016, and/or raised elements 1312, 1313 is first knitted component 500, second knitted component 800,
formed with a knitting process 1600. third knitted component 1000, and/or fourth knitted compo
As shown in FIG. 16, knitting process 1600 for an integral nent 1300, as well as other configurations of knitted compo
knit tongue having raised elements may include loop dia 65 nents not explicitly illustrated or described but made accord
grams indicating the direction and type of knitting operation ing to the principles described herein. In this embodiment,
being performed to make the integral knittongue. It should be knitting machine 1700 has a configuration of a V-bed flat
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knitting machine for purposes of example, but any of the U.S. patent application Ser. No. 13/400,511, entitled “Article
knitted components or portions of knitted components may Of Footwear Incorporating A Knitted Component With A
be produced on other types of knitting machines. Tongue’, filed on Feb. 20, 2012, the disclosure of which has
In an exemplary embodiment, knitting machine 1700 may been incorporated by reference above.
include two needle beds, including a front needle bed 1701 The manner in which knitting machine 1700 operates to
and a back needle bed 1702, that are angled with respect to manufacture a knitted component will now be discussed in
each other, thereby forming a V-bed. Each of front needle bed detail. Moreover, the following discussion will demonstrate
1701 and back needle bed 1702 include a plurality of indi the operation of one or more standard feeders 1720 and/or
vidual needles that lay on a common plane, including needles combination feeders 1722 during a knitting process. The knit
1703 associated with front bed 1701 and needles 1704 asso 10 ting process discussed herein relates to the formation of vari
ciated with back bed 1702. That is, needles 1703 from front ous knitted components, which may be any knitted compo
needle bed 1701 lay on a first plane, and needles 1704 from nent, including knitted components that are similar to knitted
back needle bed 1702 lay on a second plane. The first plane components in the embodiments described above. For pur
and the second plane (i.e., the two needle beds 1701, 1702) poses of the discussion, only a relatively small section of a
are angled relative to each other and meet to form an inter 15 knitted component may be shown in the figures in order to
section that extends along a majority of a width of knitting permit the knit structure to be illustrated. Moreover, the scale
machine 1700. As described in greater detail below, needles or proportions of the various elements of knitting machine
1703, 1704 each have a first position where they are retracted 1700 and a knitted component may be enhanced to better
and a second position where they are extended. In the first illustrate the knitting process. It should be understood that
position, needles 1703, 1704 are spaced from the intersection although a knitted component is formed between needle beds
where the first plane and the second plane meet. In the second 1701, 1702, for purposes of illustration in FIGS. 18 through
position, however, needles 1703, 1704 pass through the inter 29, a knitted component is shown adjacent to needle beds
section where the first plane and the second plane meet. 1701, 1702 to (a) be more visible during discussion of the
A pair of rails, including a forward rail 1710 and a rear rail knitting process and (b) show the position of portions of the
1711, extends above and parallel to the intersection of needle 25 knitted component relative to each other and needle beds
beds 1701, 1702 and provide attachment points for multiple 1701, 1702. Also, although one rail, and limited numbers of
standard feeders 1720 and combination feeders 1722. Each standard feeders and combination feeders are depicted, addi
rail 1710, 1711 has two sides, each of which accommodates tional rails, standard feeders, and combination feeders may be
either one standard feeder 1720 or one combination feeder used. Accordingly, the general structure of knitting machine
1722. In this embodiment, rails 1710, 1711 include a front 30 1700 is simplified for purposes of explaining the knitting
side 1712 and a back side 1714. As such, knitting machine process.
1700 may include a total of four feeders 1720 and 1722. As FIGS. 18 through 21 illustrate an exemplary process of
depicted, the forward-most rail, forward rail 1710, includes knitting a knitted component in the form of first knitted com
one combination feeder 1722 and one standard feeder 1720 ponent 500, described above. Referring to FIG. 18, a portion
on opposite sides, and the rearward-most rail, rear rail 1711, 35 of knitting machine 1700 that includes needles 1703 associ
includes two standard feeders 1720 on opposite sides. ated with front needle bed 1701, needles 1704 associated with
Although two rails 1710, 1711 are depicted, further configu back needle bed 1702, and forward rail 1710 is shown. Addi
rations of knitting machine 1700 may incorporate additional tionally, in this embodiment, knitting machine 1700 may
rails to provide attachment points for more standard feeders include a first standard feeder 1800 and a second standard
1720 and/or combination feeders 1722. 40 feeder 1802 that are substantially similar to standard feeder
Due to the action of a carriage 1730, feeders 1720 and 1722 1720, described above. First standard feeder 1800 may be
move along rails 1710, 1711 and needle beds 1701, 1702, secured to a front side of front rail 1710 and second standard
thereby supplying yarns to needles 1703, 1704. As shown in feeder 1802 may be secured to arear side offront rail 1710. In
FIG. 17, a yarn 1724 is provided to combination feeder 1722 other embodiments, additional feeders may be used and may
by a spool 1726. More particularly, yarn 1724 extends from 45 be located on the front or rear side of front rail 1710 and/or
spool 1726 to various yarn guides 1728, a yarn take-back rear rail 1711.
spring, and a yarn tensioner before entering combination In this embodiment, a first yarn 1801 from a spool (not
feeder 1722. Although not depicted, additional spools may be shown) passes through first standard feeder 1800 and an end
used to provide yarns to feeders 1720 in a substantially simi of yarn 1801 extends outward from a dispensing tip at the end
lar manner as spool 1726. 50 of first standard feeder 1800. Although yarn 1801 is depicted,
Standard feeders 1720 are conventionally-used for a V-bed any other strand (e.g., filament, thread, rope, webbing, cable,
flat knitting machine, such as knitting machine 1700. That is, chain, or yarn) may pass through first standard feeder 1800. A
existing knitting machines incorporate standard feeders second yarn 1803 similarly passes through second standard
1720. Each standard feeder 1720 has the ability to supply a feeder 1802 and extends outward from a dispensing tip. In an
yarn that needles 1703, 1704 manipulate to knit, tuck, and 55 exemplary embodiment, first yarn 1801 and second yarn 1803
float. As a comparison, combination feeder 1722 has the may be used to form portions of first knitted component 500.
ability to supply a yarn (e.g., yarn 1724) that needles 1703, In this embodiment, loops of first yarn 1801 are shown form
1704 knit, tuck, and float, and combination feeder 1722 fur ing an uppermost course of medial heel edge 507 of first
ther has the ability to inlay the yarn. Moreover, combination knitted component 500 and are held by hooks located on ends
feeder 1722 has the ability to inlay a variety of different 60 of needles 1703 and needles 1704. Similarly, loops of second
tensile elements, including yarn or other types of strands yarn 1803 may be used to form lateral heel edge 506 of first
(e.g., filament, thread, rope, webbing, cable, or chain). knitted component 500.
Accordingly, combination feeder 1722 exhibits greater ver Next, as shown in FIG. 19, knitting machine 1700 may use
satility than each standard feeder 1720. a similar process to add additional courses to the material
Standard feeders 1720 and combination feeder 1722 may 65 forming first knitted component 500 to form further portions,
have substantially similar configurations as the structure of including lateral perimeter edge 504, medial perimeter edge
standard feeders and the combination feeder described in 505, lateral inner edge 508, medial inner edge 509, and front
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inner edge 510 of integral knit tongue 512. In this embodi ofmedial heeledge 1007 of third knitted component 1000 and
ment, first standard feeder 1800 and second standard feeder loops of second yarn 2205 may be used to form lateral heel
1802 may form integral knittongue 512 according to the loop edge 1006 of third knitted component 1000.
diagram illustrated in FIG. 16, above. FIG. 20 illustrates Referring now to FIG. 24, as the knitting process contin
knitting machine 1700 completing the courses associated 5 ues, first standard feeder 2200 and second standard feeder
with knitting integral knit tongue 512, lateral raised element 2204 may continue adding courses to third knitting compo
514, medial raised element 515, and a portion of the rest of nent 1000, including lateral perimeter edge 1004, medial
first knitted component 500 forming upper 502. FIG.21 illus perimeter edge 1005, lateral inner edge 1008, medial inner
trates knitting machine 1700 nearly completing the knitting edge 1009, and partially integral portion 1012 of integral knit
process of forming first knitted component 500. By adding 10 tongue 1010. In this embodiment, first standard feeder 2200
additional courses using a similar process, first knitted com and second standard feeder 2204 may form partially integral
ponent 500 may be completed. portion 1012 of integral knit tongue 1010 according to the
FIGS. 22 through 25 illustrate an exemplary process of loop diagram illustrated in FIG. 16, above. Additionally, in
knitting a knitted component in the form of third knitted this embodiment, combination feeder 2202 inlays third yarn
component 1000, described above. Referring to FIG. 22, a 15 2203 to form tensile element 1040, as depicted in FIG. 24.
portion of knitting machine 1700 that includes needles 1703 also in accordance with the knitting process discussed in the
associated with front needle bed 1701, needles 1704 associ Inlaid Strand cases.
ated with back needle bed 1702, and forward rail 1710 is In an exemplary embodiment, during the knitting process
shown. Additionally, in this embodiment, knitting machine depicted between FIG. 23 and FIG. 24, free portion 1014 of
1700 may include a first standard feeder 2200 and a second integral knit tongue 1010 may remain stationary relative to
standard feeder 2204 that are substantially similar to standard needle beds 1701, 1702, as the portions of third knitted com
feeder 1720, described above and a combination feeder 2202 ponent 1000 move downward and may overlap free portion
that is substantially similar to combination feeder 1722, 1014 as successive courses are formed in third knitted com
described above. First standard feeder 1800 and combination ponent 1000. This continues until a course is formed that is
feeder 2202 may be secured to a front side of front rail 1710 25 intended to join free portion 1014 to the partially integral
and second standard feeder 2204 may be secured to a rear side portion 1012 of integral knit tongue 1010 formed with the rest
of front rail 1710. In other embodiments, additional feeders of third knitted component 1000. FIG. 25 illustrates knitting
may be used and may be located on the front or rear side of machine 1700 nearly completing the knitting process of
front rail 1710 and/or rear rail 1711. forming third knitted component 1000. By adding additional
In this embodiment, a first yarn 2201 from a spool (not 30 courses using a similar process, third knitted component 1000
shown) passes through first standard feeder 2200 and an end may be completed.
of yarn 2201 extends outward from a dispensing tip at the end Additionally, in the knitting process depicted in FIGS. 22
of first standard feeder 2200. Although yarn 2201 is depicted, through 25, the relative position of the various feeders on first
any other strand (e.g., filament, thread, rope, webbing, cable, rail 1710 may restrict the portions of third knitted component
chain, or yarn) may pass through first standard feeder 2200. A 35 1000 that may be formed by each respective feeder. For
second yarn 2205 similarly passes through second standard example, because of the placement of combination feeder
feeder 2204 and extends outward from a dispensing tip. A 2202, first standard feeder 2200 may be permitted to form
third yarn 2203 passes through combination feeder 2202 to a both a front and back portion (associated with first surface
dispensing tip. In an exemplary embodiment, third yarn 2203 1030 and second surface 1032, respectively) of third knitted
may be a different type of yarn than first yarn 2201 and/or 40 component 1000 along a medial side and across partially
second yarn 2205. In this embodiment, third yarn 2203 may integral portion 1012 of integral knit tongue 1010, but be
be a tensile element or other inlaid strand. In an exemplary restricted from forming a portion of third knitted component
embodiment, first yarn 2201 and second yarn 2205 may be 1000 along a lateral side. Similarly, second standard feeder
used to form portions of a knit element of third knitted com 2204 may be permitted to form both the front and back por
ponent 1000, whereas third yarn 2203 may be inlaid within 45 tion of third knitted component 1000 along the lateral side and
the knit element as a tensile element of third knitted compo across partially integral portion 1012 of integral knit tongue
nent 1000. In other embodiments, however, third yarn 2203 1010, but be restricted from forming a portion of third knitted
may be used to form portions of a knit element of third knitted component 1000 along the medial side. With this arrange
component 1000. ment, the knitting process depicted in FIGS. 22-25 may
In this embodiment, loops of first yarn 2201 and loops of 50 require that specific feeders are used to form specific portions
second yarn 2205 are shown forming free portion 1014 of of third knitted component 1000.
integral knit tongue 1010 of third knitted component 1000 FIGS. 26 through 29 illustrate an exemplary process of
and are held by hooks located on ends of needles 1703 and knitting a knitted component similar to fourth knitted com
needles 1704. Additionally, FIG. 23 illustrates knitting ponent 1300, described above. Referring to FIG. 26, a portion
machine 1700 completing the courses forming free portion 55 of knitting machine 1700 that includes needles 1703 associ
1014. In some embodiments, at least the final course of free ated with front needle bed 1701, needles 1704 associated with
portion 1014 may include cross-tuck stitches with a relatively back needle bed 1702, and forward rail 1710 is shown. Addi
tight or dense knit to ensure that free portion 1014 of integral tionally, in this embodiment, knitting machine 1700 may
knit tongue 1010 remains properly positioned on needles include a first standard feeder 2600, a second standard feeder
1701, 1702 during later stages of the knitting process to be 60 2602, and a third standard feeder 2604 that are substantially
joined with the remaining portion of integral knit tongue similar to standard feeder 1720, described above. In addition,
1010. in embodiments where fourth knitted component 1300
Knitting machine 1700 now begins the process of forming includes tensile elements, a combination feeder (not shown)
the remaining portion of the knit element forming third knit that is substantially similar to combination feeder 1722,
ted component 1000, in accordance with a similar knitting 65 described above, may be included to form tensile element
process discussed above. In an exemplary embodiment, loops 1340 according to the process described above with regard to
of first yarn 2201 may then begin to forman uppermost course the knitting process of third knitted component 1000 and as
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described in the Inlaid Strand cases. For the purposes of ease elastic second yarn 2603, first standard feeder 2600 may be
of illustration, therefore, fourth knitted component 1300 will permitted to form both a front and back portion (associated
be illustrated in FIGS. 26 through 29 without tensile element with first surface 1330 and second surface 1332, respectively)
1340. of fourth knitted component 1300 along only a medial side of
Referring again to FIG. 26, first standard feeder 2600 and 5 fourth knitted component 1300. Similarly, third standard
second standard feeder 2602 may be secured to a front side of feeder 2604 may be permitted to form both the front and back
front rail 1710 and third standard feeder 2604 may be secured portion of fourth knitted component 1300 along only a lateral
to a rear side of front rail 1710. In other embodiments, addi side of fourth knitted component 1300. Accordingly, second
tional feeders may be used and may be located on the front or standard feeder 2602 may be used to form integral knittongue
rear side of front rail 1710 and/or rear rail 1711. 10 1310 spanning between the lateral side and the medial side of
In this embodiment, a first yarn 2601 from a spool (not fourth knitted component 1300. With this arrangement, the
shown) passes through first standard feeder 2600 and an end knitting process depicted in FIGS. 26-29 may require that
of yarn 2601 extends outward from a dispensing tip at the end specific feeders are used to form specific portions of fourth
of first standard feeder 2600. Although yarn 2601 is depicted, knitted component 1300.
any other strand (e.g., filament, thread, rope, webbing, cable, 15 The processes and methods for knitting a knitted compo
chain, or yarn) may pass through first standard feeder 2600. A nent described above and illustrated in FIGS. 16 through 29
second yarn 2603 similarly passes through second standard are exemplary and are not meant to be exhaustive. Therefore,
feeder 2602 and extends outward from a dispensing tip. A it should be understood that additional knitted components
third yarn 2605 also passes through third standard feeder including the features of the embodiments described herein,
2604 to a dispensing tip in a similar manner. In an exemplary as well as similar knitted components not explicitly described
embodiment, second yarn 2603 may be a different type of herein, may be made using one or more knitting processes
yarn than first yarn 2601 and/or third yarn 2605. In this that are substantially similar to the knitting methods for knit
embodiment, second yarn 2603 may be an elastic yarn that ted components described above and/or in the Inlaid Strands
has a larger amount or degree of elasticity than first yarn 2601 CaSCS.
and/or third yarn 2605, which may be a substantially inelastic 25 While various embodiments of the invention have been
yarn or a yarn with a small amount or degree of elasticity. In described, the description is intended to be exemplary, rather
an exemplary embodiment, first yarn 2601 and third yarn than limiting and it will be apparent to those of ordinary skill
2605 may be used to form lateral and medial portions of a knit in the art that many more embodiments and implementations
element forming fourth knitted component 1300, whereas are possible that are within the scope of the invention.
second yarn 2603 may be used to form the elastic portion of 30 Accordingly, the invention is not to be restricted except in
integral knit tongue 1310 that is centrally-located within light of the attached claims and their equivalents. Also, Vari
throat area 1320 of fourth knitted component 1300. In other ous modifications and changes may be made within the scope
embodiments, however, second yarn 2603 may be further of the attached claims.
used to form other portions of the knit element of fourth What is claimed is:
knitted component 1300. 35 1. A method of manufacturing a knitted component for an
Referring now to FIG. 27, loops of first yarn 2601 are article of footwear, the method comprising:
shown forming an uppermost course of medial heel edge knitting a portion of the knitted component defining an
1307 of fourth knitted component 1300 and loops of third upper with a knitting machine, the upper including a
yarn 2605 may be used to form lateral heel edge 1306 of portion of at least one of an exterior surface of the knitted
fourth knitted component 1300. Second yarn 2603 may not 40 component and an opposite interior Surface of the knit
yet be used to form any portion of fourth knitted component ted component; and
1300. Next, as shown in FIG. 28, knitting machine 1700 may knitting an integral knit tongue that is of unitary knit con
use a similar process to add additional courses to the material struction with the upper with the knitting machine, the
forming fourth knitted component 1300 to form further por integral knit tongue extending through a throat area of
tions, including lateral perimeter edge 1304, medial perim 45 the knitted component; and
eter edge 1305, lateral inner edge 1308, and medial inner edge wherein the integral knit tongue is joined by knitting with
1309. In addition, at this point, second standard feeder 2602 the knitting machine to: (1) a forward portion of the
may have begun to use second yarn 2603 to form portions of throat area, and (2) at least along a portion of both of a
fourth knitted component 1300, including integral knit lateral side and a medial side of the throat area of the
tongue 1312, which extends from needles 1701, 1702 to the 50 knitted component extending through a portion of a
completed top end 1314. length of the throat area in a longitudinal direction from
In this embodiment, second standard feeder 2602 may the forward portion to an ankle opening of the upper.
form integral knit tongue 1310 using an elastic yarn so as to 2. The method recited in claim 1, further including a step of
permit throat area 1320 of fourth knitted component 1300 to selecting the knitting machine to be a flat knitting machine.
stretch. In addition, fourth knitted component 1300 may be 55 3. The method recited in claim 1, wherein the step of
formed with one or more decoupled knit layers, as described knitting the integral knit tongue includes forming a course of
above. FIG. 29 illustrates knitting machine 1700 completing the integral knit tongue to include at least one common yarn
the courses associated with knitting integral knit tongue 1310 with the upper.
and the rest of fourth knitted component 1300 forming upper 4. The method recited in claim 1, wherein the step of
1302. By adding additional courses using a similar process, 60 joining the integral knit tongue by knitting includes forming
fourth knitted component 1300 may be completed. a course with the knitting machine that joins the integral knit
Additionally, in the knitting process depicted in FIGS. 26 tongue to the upper.
through 29, the relative position of the various feeders on first 5. The method recited in claim 1, wherein the integral knit
rail 1710 may restrict the portions of fourth knitted compo tongue comprises a partially integral portion and a free por
nent 1300 that may be formed by each respective feeder. For 65 tion, the method further comprising:
example, because the placement of second standard feeder knitting the partially integral portion with the knitting
2602 is needed to form integral knit tongue 1310 with an machine of unitary knit construction with the upper at
Case 1:23-cv-12666-JCB Document 1-6 Filed 11/06/23 Page 45 of 47
US 9,060,562 B2
25 26
the forward portion of the throat area and at least along 10. The method recited in claim 9, wherein the step of
the portion of both of the lateral side and the medial side knitting the second portion further comprises:
of the throat area of the knitted component extending knitting the exterior surface of the first portion of the upper
through the portion of the length of the throat area in the with the second feeder;
longitudinal direction; and 5 knitting the opposite interior Surface of the second portion
knitting the free portion with the knitting machines of of the upper with the second feeder; and
unitary knit construction with the partially integral por knitting at least a portion of the integral knit tongue with
tion at a rearward portion of the integral knit tongue and the second feeder.
remaining unattached to the remaining portions of the 11. The method recited in claim 8, wherein the first portion
knitted component. 10 of the upper is one of a medial side and a lateral side of the
6. The method recited in claim 5, wherein the step of knitted component.
knitting the free portion further comprises: 12. The method recited in claim 8, wherein the step of
knitting the free portion of the integral knit tongue with the knitting the integral knit tongue includes forming a course of
the integral knit tongue to include at least one common yarn
knitting machine; 15 with the upper.
holding the free portion on needles of the knitting machine; 13. The method recited in claim 12, further comprising
knitting a first portion of the upper with the knitting forming at least one course of the first portion of the upper or
machine while the freeportion is held on the needles, the the second portion of the upper with the knitting machine that
first portion of the upper including at least the rearward is substantially continuous with at least one course of the
portion of the integral knit tongue: integral knittongue at the forward portion of the throat area of
joining the free portion to the integral knit tongue at the the upper.
rearward portion; and 14. The method recited in claim 12, further comprising:
knitting a second portion of the upper with the knitting forming at least one course of the first portion of the upper
machine. that is Substantially continuous with at least one course
7. The method recited in claim 6, wherein the step of 25 of the integral knit tongue along the lateral side of the
knitting the first portion further comprises holding the free throat area of the upper; and
portion stationary with respect to a needle bed of the knitting forming at least one course of the second portion of the
machine during knitting of the first portion of the upper, and upper that is Substantially continuous with at least one
the first portion of the upper moving with respect to the free course of the integral knit tongue along the medial side
portion during knitting of the first portion of the upper; 30 of the throat area of the upper.
wherein the step of joining the free portion includes form 15. The method recited in claim8, wherein the integral knit
ing a course with the knitting machine that joins the free tongue comprises a partially integral portion and a free por
portion to the integral knit tongue; and tion, the method further comprising:
wherein the step of knitting the second portion further knitting the free portion of the integral knit tongue with at
comprises moving the free portion and the upper 35 least one feeder of the knitting machine;
together during knitting of the second portion of the holding the free portion on needles of the knitting machine;
upper. knitting the first portion of the upper with the first feeder of
8. A method of manufacturing a knitted component for an the knitting machine and knitting the second portion of
article of footwear, the method comprising: the upper with the second feeder while the free portion is
knitting a first portion of the knitted component defining an 40 held on the needles, the first portion of the upper and the
upper with a first feeder of a knitting machine, the upper second portion of the upper including at least a rearward
including a portion of at least one of an exterior Surface portion of the integral knit tongue;
of the knitted component and an opposite interior Sur joining the free portion to the integral knit tongue at the
face of the knitted component; rearward portion; and
knitting a second portion of the knitted component defining 45 resuming knitting the first portion of the upper with the first
the upper with a second feeder of the knitting machine; feeder of the knitting machine and resuming knitting the
and second portion of the upper with the second feeder of the
knitting an integral knit tongue that is of unitary knit con knitting machine.
struction with the upper with at least one of the first 16. A method of manufacturing a knitted component for an
feeder and the second feeder of the knitting machine, the 50 article of footwear, the method comprising:
integral knit tongue extending through a throat area of knitting a first portion of the knitted component defining an
the knitted component; and upper with a first feeder of a knitting machine, the upper
wherein the integral knit tongue is joined by knitting with including a portion of at least one of an exterior Surface
the knitting machine to: (1) a forward portion of the of the knitted component and an opposite interior Sur
throat area, and (2) at least along a portion of both of a 55 face of the knitted component;
lateral side and a medial side of the throat area of the knitting a second portion of the knitted component defining
knitted component extending through a portion of a the upper with a second feeder of the knitting machine;
length of the throat area in a longitudinal direction from and
the forward portion to an ankle opening of the upper. knitting an integral knit tongue that is of unitary knit con
9. The method recited in claim 8, wherein the step of 60 struction with the upper with a third feeder of the knit
knitting the first portion further comprises: ting machine, the integral knit tongue extending through
knitting the exterior surface of the first portion of the upper a throat area of the knitted component; and
with the first feeder; wherein the integral knit tongue is joined by knitting with
knitting the opposite interior surface of the first portion of the knitting machine to: (1) a forward portion of the
the upper with the first feeder; and 65 throat area, and (2) at least along a portion of both of a
knitting at least a portion of the integral knit tongue with lateral side and a medial side of the throat area of the
the first feeder. knitted component extending through a portion of a
Case 1:23-cv-12666-JCB Document 1-6 Filed 11/06/23 Page 46 of 47
US 9,060,562 B2
27 28
length of the throat area in a longitudinal direction from 21. The method recited in claim 19, further comprising:
the forward portion to an ankle opening of the upper. forming at least one course of the first portion of the upper
17. The method recited in claim 16, wherein the upper that is Substantially continuous with at least one course
comprises a first type of yarn; and of the integral knit tongue along the lateral side of the
5 throat area of the upper; and
wherein the integral knittongue comprises a second type of forming at least one course of the second portion of the
yarn, the second type of yarn being different from the upper that is Substantially continuous with at least one
first type of yarn. course of the integral knit tongue along the medial side
of the throat area of the upper.
18. The method recited in claim 17, wherein the second O 22. The method recited in claim 16, wherein the step of
type of yarn is an elastic yarn. knitting the first portion further comprises:
19. The method recited in claim 16, wherein the step of knitting the exterior surface of the first portion of the upper
knitting the integral knit tongue includes forming a course of with the first feeder; and
the integral knit tongue to include at least one common yarn knitting the opposite interior surface of the first portion of
with the upper. the upper with the first feeder.
15 23. The method recited in claim 22, wherein the step of
20. The method recited in claim 19, further comprising knitting the second portion further comprises:
forming at least one course of the first portion of the upper or knitting the exterior surface of the first portion of the upper
the second portion of the upper with the knitting machine that with the second feeder;
is substantially continuous with at least one course of the knitting the opposite interior Surface of the second portion
integral knittongue at the forward portion of the throat area of of the upper with the second feeder.
the upper. k k k k k
Case 1:23-cv-12666-JCB Document 1-6 Filed 11/06/23 Page 47 of 47
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US 9,510,636 B2
1. 2
ARTICLE OF FOOTWEAR ability, compressibility, comfort, and moisture-wicking to
NCORPORATING A KNITTED different areas of the upper. In order to impart the different
COMPONENT WITH AN INTEGRAL KNIT properties to different areas of the upper, material elements
TONGUE are often cut to desired shapes and then joined together,
usually with stitching or adhesive bonding. Moreover, the
CROSS-REFERENCE TO RELATED material elements are often joined in a layered configuration
APPLICATIONS to impart multiple properties to the same areas. As the
number and type of material elements incorporated into the
This application is a continuation-in-part of co-pending upper increases, the time and expense associated with trans
U.S. patent application Ser. No. 13/474,531, entitled 10 porting, Stocking, cutting, and joining the material elements
“Article Of Footwear Incorporating A Knitted Component may also increase. Waste material from cutting and Stitching
With A Tongue’, filed on May 17, 2012, which application processes also accumulates to a greater degree as the number
is a continuation of U.S. patent application Ser. No. 13/400, and type of material elements incorporated into the upper
511, entitled “Article Of Footwear Incorporating A Knitted increases. Moreover, uppers with a greater number of mate
Component With A Tongue’, filed on Feb. 20, 2012, which 15 rial elements may be more difficult to recycle than uppers
applications are hereby incorporated by reference in their formed from fewer types and numbers of material elements.
entirety. By decreasing the number of material elements used in the
upper, therefore, waste may be decreased while increasing
BACKGROUND the manufacturing efficiency and recyclability of the upper.
Therefore, there exists a need for an article of footwear
The present invention relates generally to articles of that incorporates a knitted component with an integral knit
footwear, and, in particular, to an article of footwear incor tongue.
porating a knitted component with an integral knit tongue.
Conventional articles of footwear generally include two SUMMARY
primary elements, an upper and a sole structure. The upper 25
is secured to the sole structure and forms a void on the Various configurations of an article of footwear may have
interior of the footwear for comfortably and securely receiv an upper and a sole structure secured to the upper. A knitted
ing a foot. The sole structure is secured to a lower area of the component including the upper and an integral knit tongue
upper, thereby being positioned between the upper and the is incorporated into the article of footwear. The upper and
ground. In athletic footwear, for example, the sole structure 30 the integral knit tongue are formed as a one-piece knit
may include a midsole and an outsole. The midsole often element. The knit element defines a portion of an exterior
includes a polymer foam material that attenuates ground surface of the upper and an opposite interior surface of the
reaction forces to lessen stresses upon the foot and leg upper, with the interior Surface defining a Void for receiving
during walking, running, and other ambulatory activities. a foot. The integral knit tongue is formed of unitary knit
Additionally, the midsole may include fluid-filled chambers, 35 construction with the upper as a one-piece knit element and
plates, moderators, or other elements that further attenuate extends through a throat area of the upper. The integral knit
forces, enhance stability, or influence the motions of the tongue incorporates raised elements providing lace apertures
foot. The outsole is secured to a lower surface of the midsole for a lacing system.
and provides a ground-engaging portion of the Sole structure In one aspect, the invention provides an article of foot
formed from a durable and wear-resistant material. Such as 40 wear having an upper and a sole structure secured to the
rubber. The sole structure may also include a sockliner upper, the article of footwear incorporating a knitted com
positioned within the void and proximal a lower surface of ponent comprising: a portion of the knitted component
the foot to enhance footwear comfort. defining the upper, the upper including a portion of at least
The upper generally extends over the instep and toe areas one of an exterior Surface of the knitted component and an
of the foot, along the medial and lateral sides of the foot, 45 opposite interior Surface of the knitted component, the
under the foot, and around the heel area of the foot. In some interior Surface defining a void for receiving a foot; and an
articles of footwear, such as basketball footwear and boots, integral knit tongue formed of unitary knit construction with
the upper may extend upward and around the ankle to the upper and extending through a throat area of the knitted
provide Support or protection for the ankle. Access to the component; and wherein the integral knit tongue is joined to
void on the interior of the upper is generally provided by an 50 a forward portion of the throat area and at least along a
ankle opening in a heel region of the footwear. A lacing portion of a lateral side and a medial side of the throat area
system is often incorporated into the upper to adjust the fit of the knitted component extending from the forward por
of the upper, thereby permitting entry and removal of the tion to an ankle opening of the upper.
foot from the void within the upper. The lacing system also In another aspect, the invention provides a knitted com
permits the wearer to modify certain dimensions of the 55 ponent for an article of footwear, the knitted component
upper, particularly girth, to accommodate feet with varying comprising: a portion of the knitted component defining the
dimensions. In addition, the upper may include a tongue that upper, the upper including a portion of at least one of an
extends under the lacing system to enhance adjustability of exterior Surface of the knitted component and an opposite
the footwear, and the upper may incorporate a heel counter interior surface of the knitted component, the interior surface
to limit movement of the heel. 60 configured to define a void for receiving a foot; and an
A variety of material elements (e.g., textiles, polymer integral knit tongue formed of unitary knit construction with
foam, polymer sheets, leather, synthetic leather) are conven the upper and extending through a throat area of the knitted
tionally used in manufacturing the upper. In athletic foot component; and wherein the integral knit tongue is joined to
wear, for example, the upper may have multiple layers that a forward portion of the throat area and at least along a
each include a variety of joined material elements. As 65 portion of a lateral side and a medial side of the throat area
examples, the material elements may be selected to impart of the knitted component extending from the forward por
stretch-resistance, wear-resistance, flexibility, air-perme tion to an ankle opening of the upper.
Case 1:23-cv-12666-JCB Document 1-7 Filed 11/06/23 Page 34 of 46
US 9,510,636 B2
3 4
In another aspect, the invention provides a knitted com FIG. 13 is a top plan view of an alternate embodiment of
ponent for an article of footwear, the knitted component a knitted component with an integral knit tongue having
comprising: an upper and an integral knit tongue formed of partially decoupled knit elements;
unitary knit construction with the upper and extending FIG. 14 is a cross-sectional view of the integral knit
through a throat area of the knitted component; the knitted 5 tongue of the knitted component having partially decoupled
component comprising at least two knit element layers, knit elements, as defined by section line 14 in FIG. 13:
including: a first knit element layer comprising a portion of FIG. 15 is a cross-sectional view of the integral knit
an exterior Surface of the knitted component; and a second tongue of the knitted component having partially decoupled
knit element layer comprising a portion of an interior Surface knit elements, as defined by section line 15 in FIG. 13:
of the knitted component, the interior Surface disposed 10 FIG. 16 is a loop diagram of an exemplary embodiment
opposite to the exterior Surface and the interior Surface being of an integral knit tongue:
configured to define a void for receiving a foot; and wherein FIG. 17 is an isometric view of an exemplary embodiment
the integral knit tongue is joined to a forward portion of the of a knitting machine;
throat area and at least along a portion of a lateral side and FIG. 18 is a schematic view of internal components of the
15 knitting machine in operation;
a medial side of the throat area of the knitted component FIG. 19 is a schematic view of internal components of the
extending from the forward portion to an ankle opening of knitting machine in operation to manufacture a knitted
the upper. component with an integral knit tongue:
Other systems, methods, features and advantages of the FIG. 20 is a schematic view of internal components of the
invention will be, or will become, apparent to one of knitting machine in operation to manufacture a knitted
ordinary skill in the art upon examination of the following component with an integral knit tongue:
figures and detailed description. It is intended that all Such FIG. 21 is a schematic view of internal components of the
additional systems, methods, features and advantages be knitting machine in operation to manufacture a knitted
included within this description and this summary, be within component with an integral knit tongue:
the scope of the invention, and be protected by the following 25 FIG.22 is a schematic view of internal components of the
claims. knitting machine in operation to manufacture a knitted
component with an integral knit tongue having a partially
BRIEF DESCRIPTION OF THE DRAWINGS integral portion;
FIG. 23 is a schematic view of internal components of the
The invention can be better understood with reference to 30 knitting machine in operation to manufacture a knitted
the following drawings and description. The components in component with an integral knit tongue having a partially
the figures are not necessarily to scale, emphasis instead integral portion;
being placed upon illustrating the principles of the inven FIG. 24 is a schematic view of internal components of the
tion. Moreover, in the figures, like reference numerals knitting machine in operation to manufacture a knitted
designate corresponding parts throughout the different 35 component with an integral knit tongue having a partially
views. integral portion;
FIG. 1 is an isometric view of an exemplary embodiment FIG.25 is a schematic view of internal components of the
of an article of footwear; knitting machine in operation to manufacture a knitted
FIG. 2 is a lateral side view of an exemplary embodiment component with an integral knit tongue having a partially
of an article of footwear; 40 integral portion;
FIG. 3 is a medial side view of an exemplary embodiment FIG. 26 is a schematic view of internal components of the
of an article of footwear; knitting machine in operation to manufacture a knitted
FIG. 4A is a cross-sectional view of the article of foot component with an integral knit tongue having partially
wear, as defined by section lines 4A in FIGS. 2 and 3; decoupled knit layers;
FIG. 4B is a cross-sectional view of the article of foot 45 FIG. 27 is a schematic view of internal components of the
wear, as defined by section lines 4B in FIGS. 2 and 3; knitting machine in operation to manufacture a knitted
FIG. 5 is a top plan view of an exemplary embodiment of component with an integral knit tongue having partially
a knitted component with an integral knit tongue; decoupled knit layers;
FIG. 6 is a cross-sectional view of the knitted component FIG. 28 is a schematic view of internal components of the
with the integral knit tongue, as defined by section line 6 in 50 knitting machine in operation to manufacture a knitted
FIG. 5; component with an integral knit tongue having partially
FIG. 7 is an enlarged schematic view of the integral knit decoupled knit layers; and
tongue of the knitted component; FIG. 29 is a schematic view of internal components of the
FIG. 8 is a top plan view of an alternate embodiment of knitting machine in operation to manufacture a knitted
a knitted component with an integral knit tongue; 55 component with an integral knit tongue having partially
FIG. 9 is a cross-sectional view of the knitted component decoupled knit layers.
with the integral knit tongue, as defined by section line 9 in
FIG. 8: DETAILED DESCRIPTION
FIG. 10 is a top plan view of an alternate embodiment of
a knitted component with an integral knit tongue having a 60 The following discussion and accompanying figures dis
partially integral portion; close a variety of concepts relating to knitted components
FIG. 11 is an enlarged schematic view of the integral knit and the manufacture of knitted components. Although the
tongue of the knitted component having a partially integral knitted components may be used in a variety of products, an
portion; article of footwear that incorporates one of the knitted
FIG. 12 is a cross-sectional view of the knitted component 65 components is disclosed below as an example. In addition to
with the integral knit tongue having a partially integral footwear, the knitted components may be used in other types
portion, as defined by section line 12 in FIG. 11; of apparel (e.g., shirts, pants, socks, jackets, undergarments).
Case 1:23-cv-12666-JCB Document 1-7 Filed 11/06/23 Page 35 of 46
US 9,510,636 B2
5 6
athletic equipment (e.g., golf bags, baseball and football an outsole 112, and a sockliner 113 (shown in FIGS. 4A and
gloves, soccer ball restriction structures), containers (e.g., 4B). Midsole 111 is secured to a lower surface of upper 120
backpacks, bags), and upholstery for furniture (e.g., chairs, and may be formed from a compressible polymer foam
couches, car seats). The knitted components may also be element (e.g., a polyurethane or ethylvinylacetate foam) that
used in bed coverings (e.g., sheets, blankets), table cover 5 attenuates ground reaction forces (i.e., provides cushioning)
ings, towels, flags, tents, sails, and parachutes. The knitted when compressed between the foot and the ground during
components may be used as technical textiles for industrial walking, running, or other ambulatory activities. In other
purposes, including structures for automotive and aerospace embodiments, midsole 111 may incorporate plates, modera
applications, filter materials, medical textiles (e.g. bandages, tors, fluid-filled chambers, lasting elements, or motion con
Swabs, implants), geotextiles for reinforcing embankments, 10 trol members that further attenuate forces, enhance stability,
agrotextiles for crop protection, and industrial apparel that or influence the motions of the foot, or midsole 111 may be
protects or insulates against heat and radiation. Accordingly, primarily formed from a fluid-filled chamber. Outsole 112 is
the knitted components and other concepts disclosed herein secured to a lower surface of midsole 111 and may be
may be incorporated into a variety of products for both formed from a wear-resistant rubber material that is textured
personal and industrial purposes. 15 to impart traction. Sockliner 113 is located within upper 120
Footwear Configurations and is positioned to extend under a lower surface of the foot
FIGS. 1 through 15 illustrate various footwear configu to enhance the comfort of footwear 100. Although this
rations according to the principles described and illustrated configuration for sole structure 110 provides an example of
herein. In particular, FIGS. 1-4B illustrate an exemplary a sole structure that may be used in connection with upper
embodiment of an article of footwear incorporating a knitted 120, a variety of other conventional or nonconventional
component including an upper and an integral knit tongue. configurations for sole structure 110 may also be used.
FIGS. 1 through 4B illustrate an exemplary embodiment Accordingly, in other embodiments, the features of sole
of an article of footwear 100, also referred to simply as structure 110 or any sole structure used with upper 120 may
footwear 100. In some embodiments, article of footwear 100 vary.
may include a sole structure 110 and an upper 120. Although 25 In some embodiments, upper 120 defines a void within
footwear 100 is illustrated as having a general configuration footwear 100 for receiving and securing a foot relative to
suitable for running, concepts associated with footwear 100 sole structure 110. The void is shaped to accommodate the
may also be applied to a variety of other athletic footwear foot and extends along a lateral side of the foot, along a
types, including baseball shoes, basketball shoes, cycling medial side of the foot, over the foot, around the heel, and
shoes, football shoes, tennis shoes, Soccer shoes, training 30 under the foot. Access to the void is provided by an ankle
shoes, walking shoes, and hiking boots, for example. The opening 121 located in at least heel region 103. In some
concepts may also be applied to footwear types that are embodiments, a throat area 123 extends from ankle opening
generally considered to be non-athletic, including dress 121 in heel region 103 over an area corresponding to an
shoes, loafers, Sandals, and work boots. Accordingly, the instep of the foot to an area adjacent to forefoot region 101.
concepts disclosed with respect to footwear 100 may be 35 In an exemplary embodiment, an integral knit tongue 140 is
applied to a wide variety of footwear types. formed of unitary knit construction with upper 120 and
For reference purposes, footwear 100 may be divided into extends through throat area 123 of upper 120 between lateral
three general regions: a forefoot region 101, a midfoot side 104 and medial side 105.
region 102, and a heel region 103, as shown in FIGS. 1, 2, A lace 122 extends through various lace apertures 143 in
and 3. Forefoot region 101 generally includes portions of 40 raised elements 142 of integral knit tongue 140 and permits
footwear 100 corresponding with the toes and the joints the wearer to modify dimensions of upper 120 to accom
connecting the metatarsals with the phalanges. Midfoot modate proportions of the foot. More particularly, lace 122
region 102 generally includes portions of footwear 100 permits the wearer to tighten upper 120 around the foot, and
corresponding with an arch area of the foot. Heel region 103 lace 122 permits the wearer to loosen upper 120 to facilitate
generally corresponds with rear portions of the foot, includ 45 entry and removal of the foot from the void (i.e., through
ing the calcaneus bone. Footwear 100 also includes a lateral ankle opening 121). In addition, integral knit tongue 140 of
side 104 and a medial side 105, which extend through each upper 120 extends under lace 122 to enhance the comfort of
of forefoot region 101, midfoot region 102, and heel region footwear 100. In further configurations, upper 120 may
103 and correspond with opposite sides of footwear 100. include additional elements, such as (a) a heel counter in
More particularly, lateral side 104 corresponds with an 50 heel region 103 that enhances stability, (b) a toe guard in
outside area of the foot (i.e., the surface that faces away from forefoot region 101 that is formed of a wear-resistant mate
the other foot), and medial side 105 corresponds with an rial, and (c) logos, trademarks, and placards with care
inside area of the foot (i.e., the surface that faces toward the instructions and material information.
other foot). Forefoot region 101, midfoot region 102, and Many conventional footwear uppers are formed from
heel region 103 and lateral side 104, medial side 105 are not 55 multiple material elements (e.g., textiles, polymer foam,
intended to demarcate precise areas of footwear 100. Rather, polymer sheets, leather, synthetic leather) that are joined
forefoot region 101, midfoot region 102, and heel region 103 through Stitching or bonding, for example. In contrast, a
and lateral side 104, medial side 105 are intended to repre majority of upper 120 is formed from a knitted component
sent general areas of footwear 100 to aid in the following 130, which extends through each of forefoot region 101,
discussion. In addition to footwear 100, forefoot region 101, 60 midfoot region 102, and heel region 103, along both lateral
midfoot region 102, and heel region 103 and lateral side 104, side 104 and medial side 105, over forefoot region 101, and
medial side 105 may also be applied to sole structure 110. around heel region 103. In addition, knitted component 130
upper 120, and individual elements thereof. forms portions of both an exterior Surface and an opposite
In an exemplary embodiment, sole structure 110 is interior Surface of upper 120. As such, knitted component
secured to upper 120 and extends between the foot and the 65 130 defines at least a portion of the void within upper 120.
ground when footwear 100 is worn. In some embodiments, In some configurations, knitted component 130 may also
the primary elements of sole structure 110 are a midsole 111, extend under the foot. Referring to FIGS. 4A and 4B,
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however, a strobel sock 125 is secured to knitted component first knitted component 500, or other knitted components
130 and an upper surface of midsole 111, thereby forming a described herein) is defined as being formed of “unitary knit
portion of upper 120 that extends under sockliner 113. construction' when formed as a one-piece element through
In some embodiments, knitted component 130 may a knitting process. That is, the knitting process Substantially
include upper 120 and integral knit tongue 140 formed of 5 forms the various features and structures of first knitted
unitary knit construction. Knitted components that include component 500 without the need for significant additional
upper 120 and integral knit tongue 140 may be formed with manufacturing steps or processes. A unitary knit construc
a relatively smaller number of material elements. As dis tion may be used to form a knitted component having
cussed in the Background section above, decreasing the structures or elements (including upper 502 and integral knit
number of material elements used in forming an upper may 10 tongue 512) that include one or more courses of yarn or
decrease waste, while also increasing the manufacturing other knit material that are joined such that the structures or
efficiency and recyclability of the upper. The tongue and elements include at least one course in common (i.e., sharing
other portions, such as the collar, of conventional uppers are a common yarn) and/or include courses that are substantially
often formed from multiple separate material elements that continuous between each of the structures or elements. With
are later joined together. As discussed in greater detail 15 this arrangement, a one-piece element of unitary knit con
below, however, integral knit tongue element may be pri struction is provided.
marily formed through knitting processes (rather than Stitch Although portions of first knitted component 500 may be
and turn methods) that decrease waste and increase manu joined to each other (e.g., edges of first knitted component
facturing efficiency and recyclability. Additionally, the struc 500 being joined together) following the knitting process,
ture of integral knit tongue element 140 may incorporate first knitted component 500 remains formed of unitary knit
smaller numbers of seams or other discontinuities, thereby construction because it is formed as a one-piece knit ele
enhancing the overall comfort of footwear 100. ment. Moreover, first knitted component 500 remains
Additional advantages of constructing integral knit formed of unitary knit construction when other elements
tongue 140 during the knitting process and of unitary knit (e.g., a lace, logos, trademarks, placards with care instruc
construction with upper 120 include providing more efficient 25 tions and material information, structural elements) are
manufacture and common properties. More particularly, added following the knitting process.
manufacturing efficiency may be increased by forming more In an exemplary embodiment, the primary element of first
of knitted component 130 during the knitting process and knitted component 500 is a knit element forming upper 502
eliminating various steps (e.g., making a separate tongue, and integral knit tongue 512. A knit element may be formed
securing the tongue) that are often performed manually. 30 from at least one yarn that is manipulated (e.g., with a
Integral knit tongue 140 and upper 120 may also have knitting machine) to form a plurality of intermeshed loops
common properties when formed from the same yarn (or that define a variety of courses and wales. That is, the knit
type of yarn) or with similar knit structures. For example, element forming first knitted component 500 has the struc
using the same yarn in both of integral knit tongue 140 and ture of a knit textile. Other embodiments of knitted compo
upper 120 imparts similar durability, strength, stretch, wear 35 nents, including the embodiments described below, may
resistance, biodegradability, thermal, and hydrophobic prop include a knit element and at least one tensile element.
erties. In addition to physical properties, using the same yarn First knitted component 500 has a generally U-shaped
in both of integral knit tongue 140 and upper 120 may impart configuration that is outlined by an outer perimeter and an
common aesthetic or tactile properties, such as color, sheen, inner perimeter. In this embodiment, the outer perimeter
and texture. Using the same knit structures in both of 40 includes a front perimeter edge 503, a lateral perimeter edge
integral knit tongue 140 and upper 120 may also impart 504, a medial perimeter edge 505, and a pair of heel edges,
common physical properties and aesthetic properties. These including a lateral heeledge 506 and a medial heeledge 507.
advantages may also be present when at least a portion of The inner perimeter of first knitted component 500 includes
integral knit tongue 140 and at least a portion of upper 120 a lateral inner edge 508, a medial inner edge 509, and a front
are formed from a common yarn (or type of yarn) or with 45 inner edge 510. When incorporated into an article of foot
common knit structures. wear, including footwear 100, front perimeter edge 503,
Knitted Component Configurations lateral perimeter edge 504, medial perimeter edge 505, and
FIGS. 5 through 15 illustrate various embodiments of at least a portion of lateral heel edge 506 and medial heel
knitted components that may be incorporated into articles of edge 507 lays against an upper Surface of a midsole and is
footwear in a similar manner as the exemplary embodiment 50 joined to a strobel Sock (e.g., midsole 111 and strobel Sock
of FIGS. 1 through 4B. The knitted components illustrated 125, described above). In addition, lateral heel edge 506 and
in FIGS. 5 through 15 are depicted separate from a remain medial heel edge 507 are joined to each other and extend
der of footwear 100. However, it should be understood that vertically in a heel region. In some configurations of foot
each of the embodiments of knitted components described wear, a material element may cover a seam between lateral
herein may be combined with the elements of footwear 100, 55 heel edge 506 and medial heel edge 507 to reinforce the
described above, to form an article of footwear incorporating seam and enhance the aesthetic appeal of the footwear.
the knitted component. Taken together, lateral inner edge 508, medial inner edge
Referring now to FIG. 5, an exemplary embodiment of a 509, and front inner edge 510 form an ankle opening,
first knitted component 500 is shown in a top plan view. First including ankle opening 121 described above, and extends
knitted component 500 may be substantially similar to 60 forward to a throat area 520 where integral knit tongue 512
knitted component 130, described above. In some embodi is located. Additionally, in Some embodiments, throat area
ments, first knitted component 500 includes a first portion 520 may further include a lace and lace apertures for
defining an upper 502 and a second portion defining an receiving the lace.
integral knit tongue 512. In an exemplary embodiment, first In addition, first knitted component 500 may have a first
knitted component 500 incorporates upper 502 and integral 65 surface 530 and an opposite second surface 532. First
knit tongue element 512 formed of unitary knit construction. surface 530 forms a portion of the exterior surface of upper
As used herein and in the claims, a knitted component (e.g., 502, whereas second surface 532 forms a portion of the
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interior surface of upper 502, thereby defining at least a In some embodiments, integral knit tongue 512 may
portion of the void within upper 502. include raised elements disposed on opposite sides of throat
In various embodiments, a knitted component may incor area 520 and extending along the length of integral knit
porate various types of yarn that impart different properties tongue 512. Raised elements may be a portion of integral
to separate areas of the upper. For example, one area of first 5 knit tongue 512 that are formed through the knitting process
knitted component 500 may be formed from a first type of to be a flap or overhanging portion of integral knit tongue
yarn that imparts a first set of properties, and another area of 512 that extends outward away from first surface 530 of
first knitted component 500 may be formed from a second upper 502. As shown in FIG. 5, integral knit tongue 512
type of yarn that imparts a second set of properties. In this includes a lateral raised element 514 and a medial raised
configuration, properties may vary throughout upper 502 by 10 element 515. In an exemplary embodiment, lateral raised
selecting specific yarns for different areas of first knitted element 514 and medial raised element 515 are formed of
component 500. unitary knit construction with integral knit tongue 512 and
The properties that a particular type of yarn will impart to upper 502 according to the method below. With this arrange
an area of a knitted component partially depend upon the ment, lateral raised element 514 and medial raised element
materials that form the various filaments and fibers within 15 515 include one or more common courses and/or courses
the yarn. Cotton, for example, provides a soft hand, natural that are Substantially continuous with integral knit tongue
aesthetics, and biodegradability. Elastane and stretch poly 512 and upper 502.
ester each provide substantial stretch and recovery, with In some embodiments, raised elements associated with an
stretch polyester also providing recyclability. Rayon pro integral knit tongue, including lateral raised element 514 and
vides high luster and moisture absorption. Wool also pro medial raised element 515 associated with integral knit
vides high moisture absorption, in addition to insulating tongue 512, may include one or more lace apertures dis
properties and biodegradability. Nylon is a durable and posed at various locations along the raised element for
abrasion-resistant material with relatively high strength. receiving a lace. In some cases, the lace apertures may be a
Polyester is a hydrophobic material that also provides rela Void or opening within the knitted structure forming the
tively high durability. 25 raised element that is Sufficient to allow a lace to pass
In addition to materials, other aspects of the yarns selected through. In other cases, the lace apertures may be a hole or
for a knitted component may affect the properties of the opening that is cut or removed from the material forming the
upper. For example, a yarn forming first knitted component raised elements. In still other cases, the lace apertures may
500 may be a monofilament yarn or a multifilament yarn. include additional elements, including, but not limited to
The yarn may also include separate filaments that are each 30 loops, grommets, eyelets, eye hooks, or other Suitable lace
formed of different materials. In addition, the yarn may receiving members.
include filaments that are each formed of two or more Referring now to FIG. 6, a cross-sectional view of integral
different materials, such as a bi-component yarn with fila knit tongue 512 is illustrated. In an exemplary embodiment,
ments having a sheath-core configuration or two halves raised elements are formed of unitary knit construction with
formed of different materials. Different degrees of twist and 35 integral knit tongue 512 and upper 502 such that first knitted
crimping, as well as different deniers, may also affect the component 500 is a one-piece element. In this embodiment,
properties of upper 502. Accordingly, both the materials lateral raised element 514 is joined with upper 502 at a first
forming the yarn and other aspects of the yarn may be proximal end 600 and medial raised element 515 is joined
selected to impart a variety of properties to separate areas of with upper 502 at a second proximal end 601. Each raised
upper 502. 40 element extends outward from first surface 530 of upper 502
In some embodiments, integral knit tongue 512 may be in a flap-like arrangement to form an overhanging portion of
centrally-located in throat area 520 of first knitted compo integral knit tongue 512. In this embodiment, lateral raised
nent 500 and may extend from an ankle opening in a heel element 514 extends outward from first proximal end 600 to
region over an area corresponding to an instep of the foot to a first distal end 602 and includes a first outward facing side
an area adjacent to a forefoot region, as well as extending 45 604 and a first inward facing side 606. Similarly, medial
between a lateral side and a medial side of first knitted raised element 515 extends outward from second proximal
component. In an exemplary embodiment, integral knit end 601 to a second distal end 603 and includes a second
tongue 512 is formed of unitary knit construction with upper outward facing side 605 and a second inward facing side
502 at a forward portion of throat area 520 of first knitted 607. In an exemplary embodiment, first outward facing side
component 500. That is, integral knit tongue 512 is joined 50 604 and/or second outward facing side 605 may be oriented
through knitting to upper 502 at the forward portion of throat towards each side of first knitted component 500, while first
area 520 such that integral knit tongue 512 and upper 502 inward facing side 606 and/or second inward facing side 607
include at least one course in common and/or include may be oriented towards the center of first knitted compo
courses that are substantially continuous between integral nent 500 where integral knit tongue 512 is located.
knit tongue 512 and upper 502 at the forward portion of 55 In addition, as shown in FIG. 6, lateral raised element 514
throat area 520. and medial raised element 515 are shown in a flat configu
In an exemplary embodiment, integral knit tongue 512 ration such that first inward facing side 606 and/or second
may be further formed of unitary knit construction with inward facing side 607 is oriented towards first surface 530.
upper 502 along the sides of integral knit tongue 512 In various embodiments, however, raised elements, includ
extending along a length of throat area 520 of first knitted 60 ing lateral raised element 514 and medial raised element
component 500. Accordingly, integral knit tongue 512 is 515, may be positioned in an upright configuration. Refer
joined through knitting to upper 502 along each of a lateral ring now to FIG. 7, lateral raised element 514 and medial
side and a medial side of throat area 520 such that integral raised element 515 are shown in an upright configuration
knit tongue 512 and upper 502 include at least one course in such that first inward facing side 606 and/or second inward
common and/or include courses that are Substantially con 65 facing side 607 is oriented generally perpendicular to or at
tinuous between integral knit tongue 512 and upper 502 a raised angle with regard to first surface 530. In some
along the sides extending through throat area 520. embodiments, the process of pulling upper 502 tight on
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opposite sides of integral knit tongue 512 (for example, by Referring now to FIG.9, a cross-sectional view of integral
joining first knitted component 500 with a sole structure to knit tongue 812 is illustrated. In an exemplary embodiment,
form an article of footwear) may cause each of lateral raised edges of integral knit tongue 812 are formed of unitary knit
element 514 and medial raised element 515 to move from construction with upper 802 such that second knitted com
the flat configuration to the upright configuration. ponent 800 is a one-piece element. In this embodiment, first
In an exemplary embodiment, lateral raised element 514 edge 900 and second edge 902 of integral knit tongue 812
and medial raised element 515 of integral knit tongue 512 are joined with second surface 832 of upper 802 such that
may extend a first height H1 above first surface 530 of first integral knit tongue 812 extends below lateral inner edge
knitted component 500. In some embodiments, upright 816 and medial inner edge 817 of upper 802. With this
configuration of lateral raised element 514 and medial raised 10 arrangement, a top surface of integral knit tongue 812 may
element 515 may be used to incorporate lace apertures into be oriented facing towards second surface 832 of second
integral knit tongue 512. In this embodiment, a plurality of knitted component 800 disposed on the portion of upper 802
lace apertures 700 are shown disposed along the respective extending out to lateral inner edge 816 and medial inner
sides of lateral raised element 514 and medial raised element
edge 817. In an exemplary embodiment, the configuration of
15 integral knit tongue 812 included in second knitted compo
515 and extending through from first outward facing side nent 800 may be provided to lay in a substantially flat
604 to first inward facing side 606 and from second outward condition.
facing side 605 to second inward facing side 607. In some In various embodiments, provisions may be made within
cases, plurality of lace apertures 700 may be a void or a knitted component to assist a wearer with inserting and/or
opening within the knitted structure of integral knit tongue removing a foot from an ankle opening of an article of
512 forming the raised elements. In other cases, plurality of footwear. In some embodiments, an integral knit tongue of
lace apertures 700 may have a different structure, including a knitted component may be modified to allow for a larger
any of the suitable structures for lace apertures described ankle opening. FIGS. 10 through 15 illustrate alternate
above. embodiments of knitted components that have been pro
Referring to FIGS. 8 and 9, an exemplary embodiment of 25 vided with mechanisms to allow a larger ankle opening
a second knitted component 800 is shown in a top plan view. when incorporated into an article of footwear.
Second knitted component 800 may be substantially similar FIGS. 10 through 12 illustrate an alternate embodiment of
to knitted component 130 and/or first knitted component a knitted component that includes a mechanism to allow a
500, described above. In some embodiments, second knitted larger ankle opening when incorporated into an article of
component 800 includes a first portion defining an upper 802 30 footwear. Referring now to FIG. 10, a top plan view of an
and a second portion defining an integral knit tongue 812. In alternate embodiment of a knitted component with an inte
an exemplary embodiment, second knitted component 800 gral knit tongue having a partially integral portion is illus
incorporates upper 802 and integral knit tongue 812 formed trated. In some embodiments, a third knitted component
of unitary knit construction. 1000 may include a first portion defining an upper 1002 and
As with first knitted component 500, second knitted 35 a second portion defining an integral knit tongue 1010. Third
component 800 has a generally U-shaped configuration that knitted component 1000 may be substantially similar to
is outlined by an outer perimeter and an inner perimeter. In knitted component 130, first knitted component 500, and/or
this embodiment, the outer perimeter includes a front perim second knitted component 800, described above. As with
eter edge 803, a lateral perimeter edge 804, a medial first knitted component 500 and/or second knitted compo
perimeter edge 805, and a pair of heel edges, including a 40 nent 800, third knitted component 1000 may have a gener
lateral heel edge 806 and a medial heel edge 807. The inner ally U-shaped configuration that is outlined by an outer
perimeter of second knitted component 800 includes a perimeter and an inner perimeter. In this embodiment, the
lateral inner edge 808 and a medial inner edge 809 which outer perimeter includes a front perimeter edge 1003, a
may form an ankle opening. In addition, second knitted lateral perimeter edge 1004, a medial perimeter edge 1005,
component 800 may have a first surface 830 forming a 45 and a pair of heel edges, including a lateral heel edge 1006
portion of the exterior surface of upper 802 and an opposite and a medial heel edge 1007. The inner perimeter of third
second surface 832 forming a portion of the interior surface knitted component 1000 includes a lateral inner edge 1008
of upper 802. and a medial inner edge 1009 which may form an ankle
In an exemplary embodiment, second knitted component opening. In addition, third knitted component 1000 may
800 may include integral knit tongue 812 that includes a top 50 have a first surface 1030 forming a portion of the exterior
end 814 that extends into the portion of second knitted surface of upper 1002 and an opposite second surface 1032
component 800 that is associated with an ankle opening. Top forming a portion of the interior surface of upper 1002.
end 814 may be generally free from other portions of second In some embodiments, third knitted component 1000 may
knitted component 800. Integral knit tongue 812 may be further include additional structures. In an exemplary
formed of unitary knit construction with upper 802 at a 55 embodiment, third knitted component 1000 may include at
forward portion of a throat area 820 of second knitted least one tensile element 1040 that is inlaid within the knit
component 800 and along the sides of integral knit tongue structure of third knitted component 1000. Suitable materi
812 extending along a length of throat area 820. In an als for tensile element 1040 may include, but is not limited
exemplary embodiment, integral tongue 812 of second knit to, yarn or an inlaid strand in the configuration of a filament
ted component 800 does not include raised elements. 60 (e.g., a monofilament), thread, rope, webbing, cable, or
Accordingly, in contrast with first knitted component 500, chain. Tensile element 1040 extends through third knitted
second knitted component 800 includes a portion of upper component 1000 and passes between the various loops
802 that extends over integral knit tongue 812 to form a within a knit structure 1042 formed within third knitted
lateral inner edge 816 and a medial inner edge 817. More component 1000. Although tensile element 1040 generally
particularly, edges of integral knit tongue 812 are knit to an 65 extends along courses within knit structure 1042, tensile
area of second knitted component 800 that is spaced outward element 1040 may also extend along wales within knit
from lateral inner edge 816 and medial inner edge 817. structure 1042. Advantages of tensile element 1040 include
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13 14
providing Support, stability, and structure. For example, be substantially similar to, and similarly formed as lateral
tensile element 1040 assists with securing upper 1002 raised element 514 and medial raised element 515, described
around the foot, limits deformation in areas of upper 1002 above.
(e.g., imparts stretch-resistance) and operates in connection Referring now to FIG. 11, in an exemplary embodiment,
with a lace to enhance the fit of the article of footwear free portion 1014 may be disposed at a top end of throat area
incorporating third knitted component. 1020 of third knitted component 1000 adjacent to the ankle
A tensile element in the form of an inlaid strand or other opening. In one embodiment, free portion 1014 is formed of
Suitable element, as well as the method of manufacturing a a unitary knit construction with partially integral portion
knitted component incorporating an inlaid strand and knit 1012 at a rearward portion 1100 of throat area 1020, but is
structures, for use in the embodiments described herein is
10 otherwise not joined or attached to other portions of upper
disclosed in one or more of commonly-owned U.S. patent 1002 and/or third knitted component 1000. With this
arrangement, an ankle opening may be provided with a
application Ser. No. 12/338,726 to Dua et al., entitled larger opening corresponding to the location of rearward
“Article of Footwear Having An Upper Incorporating A portion 1100 of partially integral portion 1012 of integral
Knitted Component’, filed on Dec. 18, 2008 and published 15 knit tongue 1010 that extends distance D1 from the ankle
as U.S. Patent Application Publication Number 2010/ opening along throat area 1020 of third knitted component
0.154256 on Jun. 24, 2010, and U.S. patent application Ser. 1000. Free portion 1014 of integral knit tongue 1010 may
No. 13/048,514 to Huffa et al., entitled “Article Of Footwear serve to cover a foot of a wearer disposed within the ankle
Incorporating A Knitted Component’, filed on Mar. 15, 2011 opening to enhance the comfort of the article of footwear
and published as U.S. Patent Application Publication Num incorporating third knitted component 1000.
ber 2012/0233882 on Sep. 20, 2012, both of which appli In some embodiments, partially integral portion 1012 of
cations are hereby incorporated by reference in their entirety integral knit tongue 1010 may include multiple knit struc
(collectively referred to herein as the “Inlaid Strand cases”). tures, including knit structures of different types. For
In an exemplary embodiment, third knitted component example, partially integral portion 1012 may include a first
1000 incorporates upper 1002 and integral knit tongue 1010 25 knit structure 1102 and a second knit structure 1104. First
formed of unitary knit construction Such that at least a knit structure 1102 may be associated with a first knit type
portion of upper 1002 and a portion of integral knit tongue and may be centrally located and extending along integral
1010 are a one-piece element. In one embodiment, integral knit tongue 1010 from rearward portion 1100 to the forward
knit tongue 1010 may further include a first portion that is portion of throat area 1020. Second knit structure 1104 may
formed of unitary knit construction with upper 1002 along 30 be associated with a second knit type and may be located
the sides of integral knit tongue 1010 and a second portion along peripheral sides of integral knit tongue 1010 between
first knit structure 1102 and each of lateral raised element
that is formed of unitary knit construction with the first 1016 and medial raised element 1015 extending similarly
portion, but is otherwise free from upper 1002. In this from rearward portion 1100 to the forward portion of throat
embodiment, third knitted component 1000 includes integral 35 area 1020. In one embodiment, first knit structure 1102 and
knit tongue 1010 having a partially integral portion 1012 and second knit structure 1104 may be different knit structures or
a free portion 1014. different types of knit structures. For example, in some
In an exemplary embodiment, partially integral portion cases, first knit structure 1102 may be a mesh or similar knit
1012 may be centrally-located in a throat area 1020 of third type and second knit structure 1104 may be a jersey or
knitted component 1000 and may extend from a distance D1 40 similar knit type. In other cases, first knit structure 1102 may
adjacent to an ankle opening in a heel region over an area be a double-knit jersey structure and second knit structure
corresponding to an instep of the foot to an area adjacent to 1104 may be a single-knit jersey structure. As shown in FIG.
a forefoot region, as well as extending between a lateral side 12, first knit structure 1102 may have a greater thickness
and a medial side of third knitted component 1000. In one than second knit structure 1104 disposed on either peripheral
embodiment, partially integral portion 1012 is formed of 45 side of first knit structure 1102 extending along the length of
unitary knit construction with upper 1002 at a forward partially integral portion 1012 of integral knit tongue 1010.
portion of throat area 1020 as well as along the sides In some embodiments, lace apertures for receiving a lace
extending along a length of throat area 1020 of third knitted may be provided by tensile element 1040. In an exemplary
component 1000. Accordingly, partially integral portion embodiment, a plurality of lace loops 1110 may be disposed
1012 is joined through knitting to upper 1002 along the 50 at portions of tensile element 1040 that extend out from knit
forward portion and each of a lateral side and a medial side structure 1042 adjacent to lateral raised element 1016 and
of throat area 1020 such that partially integral portion 1012 medial raised element 1015 on opposite sides of throat area
and upper 1002 include at least one course in common 1020 of third knitted component 1000. With this configu
and/or include courses that are substantially continuous. ration, a lace (not shown) may be disposed through plurality
In an exemplary embodiment, integral knit tongue 1010 55 of lace loops 1110 to assist with securing an article of
may include raised elements disposed on opposite sides of footwear incorporating third knitted component 1000 onto a
throat area 1020 and extending along the length of integral foot of a wearer. In other embodiments, lace apertures may
knit tongue 1010. Raised elements may be a portion of have a different structure, including any of the suitable
integral knit tongue 1010 that are formed through the structures for lace apertures described above.
knitting process to be a flap or overhanging portion of 60 FIGS. 13 through 15 illustrate another alternate embodi
integral knit tongue 1010 that extends outward away from ment of a knitted component with a mechanism to allow a
first surface 1030 of upper 1002. As shown in FIGS. 10 and larger ankle opening when incorporated into an article of
11, integral knit tongue 1010 includes a lateral raised ele footwear. Referring now to FIG. 13, a top plan view of an
ment 1016 and a medial raised element 1015 that are formed alternate embodiment of a knitted component with an inte
of unitary knit construction with upper 1002 and partially 65 gral knit tongue having partially decoupled knit elements is
integral portion 1012 of integral knit tongue 1010. Lateral illustrated. In some embodiments, a fourth knitted compo
raised element 1016 and/or medial raised element 1015 may nent 1300 may include a first portion defining an upper 1302
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and a second portion defining an integral knit tongue 1310. raised element 1312 and a medial raised element 1313 that
Fourth knitted component 1300 may share one or more are formed of unitary knit construction with at least one knit
substantially similar features with knitted component 130, element layer of upper 1302. Lateral raised element 1312
first knitted component 500, second knitted component 800, and/or medial raised element 1313 may be substantially
and/or third knitted component 1000, described above. As similar to, and similarly formed as lateral raised elements
with the previous embodiments of knitted components, 514, 1016 and/or medial raised elements 515, 1015,
fourth knitted component 1300 may similarly have a gen described above.
erally U-shaped configuration that is outlined by an outer In some embodiments, the portion of fourth knitted com
perimeter and an inner perimeter. In this embodiment, the ponent 1300 forming integral knit tongue 1310 may made
outer perimeter includes a front perimeter edge 1303, a 10 from a different material than the remaining portion of fourth
lateral perimeter edge 1304, a medial perimeter edge 1305, knitted component 1300. In an exemplary embodiment,
and a pair of heel edges, including a lateral heel edge 1306 integral knit tongue 1310 may be made from an elastic yarn
and a medial heel edge 1307. The inner perimeter of fourth that has a large degree of elasticity, while the remaining
knitted component 1300 includes a lateral inner edge 1308 portions of fourth knitted component 1300 may be made
and a medial inner edge 1309 which may form an ankle 15 from a regular yarn that is substantially inelastic or that has
opening. In addition, fourth knitted component 1300 may a smaller degree of elasticity compared with the elastic yarn.
have a first surface 1330 forming a portion of the exterior With this arrangement, integral knit tongue portion 1310 of
surface of upper 1302 and an opposite second surface 1332 fourth knitted component 1300 may be configured with
forming a portion of the interior surface of upper 1302. throat area 1320 that is allowed to stretch to accommodate
In some embodiments, fourth knitted component 1300 a foot of a wearer inserted through an ankle opening of an
may further include additional structures, including at least article of footwear incorporating fourth knitted component
one tensile element 1340 that is inlaid within a knit structure 13OO.
1342 of fourth knitted component 1300. Tensile element Additionally, in some embodiments, by forming integral
1340 may be substantially similar to tensile element 1040. knit tongue 1310 of unitary knit construction with a first knit
described above, including Suitable materials and methods 25 element layer of fourth knitted component 1300 that is
of manufacturing a knitted component incorporating tensile partially decoupled from a second knit element layer, the
elements and knit structures disclosed in the Inlaid Strand throat area 1320 may further be permitted to stretch to allow
cases. In an exemplary embodiment, tensile element 1340 a larger ankle opening for an article of footwear incorpo
may further include a plurality of lace loops 1344 that may rating fourth knitted component 1300. The partial decou
be configured to receive a lace. Plurality of lace loops 1344 30 pling of the first knit element layer and the second knit
may be disposed at portions of tensile element 1340 that element layer may be shown in FIGS. 14 and 15.
extend out from knit structure 1342 and may have a sub Referring now to FIGS. 14 and 15, in this embodiment,
stantially similar structure as lace loops 1110, described upper 1302 may include a first knit element layer 1400
above. In some cases, lace loops 1344 may serve as lace associated with first surface 1330 of fourth knitted compo
apertures for receiving a lace. In other cases, lace loops 1344 35 nent 1300 and a second knit element layer 1402 associated
may coordinate with one or more lace apertures disposed with second surface 1332 of fourth knitted component 1300.
within raised elements of integral knit tongue 1310 to In an exemplary embodiment, first knit element layer 1400
receive a lace. In still other cases, lace loops 1344 may be and second knit element layer 1402 may be partially
disposed through lace apertures disposed within raised ele decoupled at the portion of fourth knitted component 1300
ments and may receive a lace that extends through a throat 40 associated with integral knit tongue 1310. That is, while
area 1320 of upper 1302. other portions of fourth knitted component 1300 may
In an exemplary embodiment, fourth knitted component include a single knit element having first surface 1330 on
1300 incorporates upper 1302 and integral knit tongue 1310 one side and second surface 1332 on the opposite side, the
formed of unitary knit construction Such that at least a partially decoupled portion of fourth knitted component
portion of upper 1302 and a portion of integral knit tongue 45 1300 includes separate first knit element layer 1400 and
1310 are a one-piece element. In one embodiment, portions second knit element layer 1402 disposed adjacent to one
of upper 1302 may be formed from multiple knit element another, but not joined along the entirety of their surfaces.
layers. Accordingly, integral knit tongue 1310 may be Accordingly, first surface 1330 is disposed on one side of
formed of unitary knit construction with at least one of the first knit element layer 1400 and second surface 1332 is
knit element layers. 50 disposed on one side of second knit element layer 1402. At
In some embodiments, integral knit tongue 1310 may be other portions of fourth knitted component 1300, first knit
centrally-located in throat area 1320 of fourth knitted com element layer 1400 and second knit element layer 1402 may
ponent 1300 and may extend from a top end 1314 adjacent be rejoined with one another through the knitting process So
to an ankle opening in a heel region over an area corre as to form a single knit element extending through the
sponding to an instep of the foot to an area adjacent to a 55 remaining portion of fourth knitted component 1300.
forefoot region, as well as extending between a lateral side In an exemplary embodiment, integral knit tongue 1310
and a medial side of upper 1302. In an exemplary embodi may be formed of unitary knit construction with at least one
ment, integral knit tongue 1310 is formed of unitary knit knit element layer. In one embodiment, integral knit tongue
construction with at least one knit element layer associated 1310 is formed of unitary knit construction with second knit
with upper 1302 at a forward portion of throat area 1320 and 60 element layer 1402. As shown in FIGS. 14 and 15, integral
along the sides extending along a length of throat area 1320 knit tongue 1310 is joined through knitting to second knit
of fourth knitted component 1300. element layer 1402 of upper 1302 along each of a lateral side
In an exemplary embodiment, fourth knitted component and a medial side of throat area 1320 such that integral knit
1300 may further include raised elements disposed on tongue 1310 and second knit element layer 1402 include at
opposite sides of throat area 1320 and extending along the 65 least one course in common and/or include courses that are
length of integral knit tongue 1310. As shown in FIGS. 13 substantially continuous between integral knit tongue 1310
through 15, fourth knitted component 1300 includes a lateral and second knit element layer 1402 along the sides of upper
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1302 extending through throat area 1320. Similarly, in an Knitting Process for a Knitted Component
exemplary embodiment, raised elements, including lateral FIGS. 16 through 29 illustrate various knitting processes
raised element 1312 and medial raised element 1313, may be that may be used to manufacture a knitted component in
formed of unitary knit construction with first knit element accordance with the principles described herein. In various
layer 1400. embodiments described herein, the different knit structures
In some embodiments, integral knit tongue 1310 may of a particular knitted component may be made using
include multiple knit structures, including knit structures of various types of knit structures, including knit types and
different types, as described above. For example, integral yarn types.
knit tongue 1310 may include a first knit structure 1410 and In an exemplary embodiment, the integral knit tongue of
a second knit structure 1412. First knit structure 1410 may
10 a knitted component that includes raised elements along a
be associated with a first knit type and may be centrally medial side and a lateral side may be formed using a specific
located and extending along integral knit tongue 1310 from knitting process. For purposes of reference, FIG. 16 depicts
a rearward portion to the forward portion of throat area a loop diagram of the manner in which raised elements
associated with an integral knit tongue, including, for
1320. Second knit structure 1412 may be associated with a 15 example, any of raised elements 142, raised elements 514,
second knit type and may be located along peripheral sides 515, raised elements 1015, 1016, and/or raised elements
of integral knit tongue 1310 between first knit structure 1410 1312, 1313 is formed with a knitting process 1600.
and each of lateral raised element 1312 and medial raised As shown in FIG. 16, knitting process 1600 for an integral
element 1313 extending similarly from the rearward portion knit tongue having raised elements may include loop dia
to the forward portion of throat area 1320. In this embodi grams indicating the direction and type of knitting operation
ment, first knit structure 1410 and second knit structure 1412 being performed to make the integral knit tongue. It should
may be similar made of an elastic yarn, however, first knit be understood that the remaining portion of a knitted com
structure 1410 may be a double-knit jersey structure and ponent may be made according to any suitable knitting
second knit structure 1412 may be a single-knit jersey process, knitting process 1600 details an exemplary knitting
structure. As shown in FIGS. 14 and 15, first knit structure 25 process for an integral knit tongue portion of the overall
1410 may have a greater thickness than second knit structure knitted component. Accordingly, in a first step 1601, yarn is
1412. transferred to a back bed of a knitting machine. Next, in a
In some embodiments, portions of first knit element layer second step 1602, the yarn is knit along a first direction as
1400 and second knit element layer 1402 may be joined to shown, then back along a second, opposite direction in a
secure first knit element layer 1400 and second knit element 30 third step 1603. Next, in a fourth step 1604, the yarn is
layer 1402 at desired locations along integral knit tongue transferred to a front bed of the knitting machine and the
1310. As shown in FIG. 14, a first yarn 1404 may be used yarn is knit along the first direction in a fifth step 1605. With
to join first knit element layer 1400 to second knit element this process, a raised element along one side of the integral
layer 1402 at a first end 1406 where lateral raised element knit tongue is formed. While an exemplary knit type is
1312 begins to extend outward over integral knit tongue 35 illustrated for fifth step 1605 which may form the central
1310. Similarly, a second yarn 1403 may be used to join first portion of an integral knit tongue, any Suitable knit type may
knit element layer 1400 to second knit element layer 1402 at be used to make a central portion of the integral knit tongue
a second end 1405 where medial raised element 1313 begins having any desired knit structure.
to extend outward over integral knit tongue 1310. In some Similarly, from fifth step 1605, a raised element disposed
cases, first yarn 1404 and/or second yarn 1403 may include 40 on the opposite side of the integral knit tongue may also be
a single yarn or a plurality of yarns from fourth knitted formed. As shown in FIG. 16, after completing knitting
component 1300 that join first knit element layer 1400 to associated with fifth step 1605, the yarn may be transferred
second knit element layer 1402 during the knitting process. to the back bed of the knitting machine at a sixth step 1606
In other cases, first yarn 1404 and/or second yarn 1403 may and the yarn is knit along the second direction as shown in
include a stitch or a plurality of Stitches that are used to join 45 a seventh step 1607, then back along in the opposite, first
first knit element layer 1400 to second knit element layer direction in an eighth step 1608. The yarn may then be
1402 after the knitting process. transferred back to the front bed of the knitting machine at
In one embodiment, the location of first yarn 1404 and/or a ninth step 1609 and the yarn is knit along the second
second yarn 1403 may be chosen to coincide with one or direction in a tenth step 1610 along the entirety of the width
more of lace loops 1344 of tensile element 1340. With this 50 of the integral knit tongue. The exemplary knitting process
arrangement, first knit element layer 1400 and second knit 1600 may be repeated multiple times to make an integral
element layer 1402 may be secured to each other at the knit tongue with raised elements having the desired length
location that corresponds to where a lace may be used to along the knitted component. Similarly, portions of the
secure throat area 1320 of upper 1302 to fit onto a foot of a integral knit tongue may be made wider or narrower by
wearer of an article of footwear incorporating fourth knitted 55 changing a number of needles that are associated with
component 1300. In contrast, the partially decoupled portion knitting process 1600. For example, portions of knitting
of fourth knitted component 1300 shown in FIG. 15 does not process 1600, including fifth step 1605 and/or tenth step
include first yarn 1404 and/or second yarn 1403 joining first 1610, may be varied to include a larger or smaller number
knit element layer 1400 to second knit element layer 1402. of needles to correspondingly increase or decrease the width
Accordingly, at the partially decoupled portion, first knit 60 of the integral knit tongue. In addition, as noted above, other
element layer 1400 and second knit element layer 1402 may knitting processes not shown here may be used to make the
be allowed to move independently of one another. This remaining portions of the knitted component.
arrangement, together with the use of an elastic yarn to form Additionally, the knit types illustrated in FIG. 16 are
one or more portions of second knit element layer forming exemplary and in different embodiments may be varied. For
integral knit tongue 1310, allows throat area 1320 to stretch 65 example, as shown in knitting process 1600, each raised
to allow a larger ankle opening for an article of footwear element is made from a double-jersey half-gauge knit,
incorporating fourth knitted component 1300. whereas the central portion of the integral knit tongue is
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made from a single-jersey half-gauge knit. However, in 1702, thereby supplying yarns to needles 1703, 1704. As
other embodiments, one or more knit types may vary. For shown in FIG. 17, a yarn 1724 is provided to combination
example, in Some cases, the central portion of the integral feeder 1722 by a spool 1726. More particularly, yarn 1724
knit tongue may include one or more portions of full-gauge extends from spool 1726 to various yarn guides 1728, a yarn
(or “all-needle') single or double-jersey knit. In other cases, 5 take-back Spring, and a yarn tensioner before entering com
the width of various knit types along the central portion of bination feeder 1722. Although not depicted, additional
the integral tongue may be varied repeatedly, for example, spools may be used to provide yarns to feeders 1720 in a
by using different numbers of needles, as noted above. Still substantially similar manner as spool 1726.
other cases may include a combination of knit types and/or Standard feeders 1720 are conventionally-used for a
knit structures employing various combinations of knit, 10 V-bed flat knitting machine, such as knitting machine 1700.
tuck, or float Stitches. That is, existing knitting machines incorporate standard
Although knitting may be performed by hand, the com feeders 1720. Each standard feeder 1720 has the ability to
mercial manufacture of knitted components is generally supply a yarn that needles 1703, 1704 manipulate to knit,
performed by knitting machines. FIG. 17 illustrates an tuck, and float. As a comparison, combination feeder 1722
exemplary embodiment of a knitting machine 1700 that is 15 has the ability to Supply a yarn (e.g., yarn 1724) that needles
Suitable for producing any of the knitted components 1703, 1704 knit, tuck, and float, and combination feeder
described in the previous embodiments, including knitted 1722 further has the ability to inlay the yarn. Moreover,
component 130, first knitted component 500, second knitted combination feeder 1722 has the ability to inlay a variety of
component 800, third knitted component 1000, and/or fourth different tensile elements, including yarn or other types of
knitted component 1300, as well as other configurations of Strands (e.g., filament, thread, rope, webbing, cable, or
knitted components not explicitly illustrated or described but chain). Accordingly, combination feeder 1722 exhibits
made according to the principles described herein. In this greater versatility than each standard feeder 1720.
embodiment, knitting machine 1700 has a configuration of Standard feeders 1720 and combination feeder 1722 may
a V-bed flat knitting machine for purposes of example, but have Substantially similar configurations as the structure of
any of the knitted components or portions of knitted com 25 standard feeders and the combination feeder described in
ponents may be produced on other types of knitting U.S. patent application Ser. No. 13/474,531, entitled
machines. “Article Of Footwear Incorporating A Knitted Component
In an exemplary embodiment, knitting machine 1700 may With A Tongue’, filed on May 17, 2012, and U.S. patent
include two needle beds, including a front needle bed 1701 application Ser. No. 13/400,511, entitled “Article Of Foot
and a back needle bed 1702, that are angled with respect to 30 wear Incorporating A Knitted Component With A Tongue’,
each other, thereby forming a V-bed. Each of front needle filed on Feb. 20, 2012, the disclosures of which have been
bed 1701 and back needle bed 1702 include a plurality of incorporated by reference above.
individual needles that lay on a common plane, including The manner in which knitting machine 1700 operates to
needles 1703 associated with front bed 1701 and needles manufacture a knitted component will now be discussed in
1704 associated with back bed 1702. That is, needles 1703 35 detail. Moreover, the following discussion will demonstrate
from front needle bed 1701 lay on a first plane, and needles the operation of one or more standard feeders 1720 and/or
1704 from back needle bed 1702 lay on a second plane. The combination feeders 1722 during a knitting process. The
first plane and the second plane (i.e., the two needle beds knitting process discussed herein relates to the formation of
1701, 1702) are angled relative to each other and meet to various knitted components, which may be any knitted
form an intersection that extends along a majority of a width 40 component, including knitted components that are similar to
of knitting machine 1700. As described in greater detail knitted components in the embodiments described above.
below, needles 1703, 1704 each have a first position where For purposes of the discussion, only a relatively small
they are retracted and a second position where they are section of a knitted component may be shown in the figures
extended. In the first position, needles 1703, 1704 are spaced in order to permit the knit structure to be illustrated. More
from the intersection where the first plane and the second 45 over, the scale or proportions of the various elements of
plane meet. In the second position, however, needles 1703, knitting machine 1700 and a knitted component may be
1704 pass through the intersection where the first plane and enhanced to better illustrate the knitting process. It should be
the second plane meet. understood that although a knitted component is formed
A pair of rails, including a forward rail 1710 and a rear rail between needle beds 1701, 1702, for purposes of illustration
1711, extends above and parallel to the intersection of needle 50 in FIGS. 18 through 29, a knitted component is shown
beds 1701, 1702 and provide attachment points for multiple adjacent to needle beds 1701, 1702 to (a) be more visible
standard feeders 1720 and combination feeders 1722. Each during discussion of the knitting process and (b) show the
rail 1710, 1711 has two sides, each of which accommodates position of portions of the knitted component relative to
either one standard feeder 1720 or one combination feeder each other and needle beds 1701, 1702. Also, although one
1722. In this embodiment, rails 1710, 1711 include a front 55 rail, and limited numbers of standard feeders and combina
side 1712 and a back side 1714. As such, knitting machine tion feeders are depicted, additional rails, standard feeders,
1700 may include a total of four feeders 1720 and 1722. As and combination feeders may be used. Accordingly, the
depicted, the forward-most rail, forward rail 1710, includes general structure of knitting machine 1700 is simplified for
one combination feeder 1722 and one standard feeder 1720 purposes of explaining the knitting process.
on opposite sides, and the rearward-most rail, rear rail 1711, 60 FIGS. 18 through 21 illustrate an exemplary process of
includes two standard feeders 1720 on opposite sides. knitting a knitted component in the form of first knitted
Although two rails 1710, 1711 are depicted, further con component 500, described above. Referring to FIG. 18, a
figurations of knitting machine 1700 may incorporate addi portion of knitting machine 1700 that includes needles 1703
tional rails to provide attachment points for more standard associated with front needle bed 1701, needles 1704 asso
feeders 1720 and/or combination feeders 1722. 65 ciated with back needle bed 1702, and forward rail 1710 is
Due to the action of a carriage 1730, feeders 1720 and shown. Additionally, in this embodiment, knitting machine
1722 move along rails 1710, 1711 and needle beds 1701, 1700 may include a first standard feeder 1800 and a second
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standard feeder 1802 that are substantially similar to stan from a dispensing tip. A third yarn 2203 passes through
dard feeder 1720, described above. First standard feeder combination feeder 2202 to a dispensing tip. In an exem
1800 may be secured to a front side of front rail 1710 and plary embodiment, third yarn 2203 may be a different type
second standard feeder 1802 may be secured to a rear side of yarn than first yarn 2201 and/or second yarn 2205. In this
of front rail 1710. In other embodiments, additional feeders 5 embodiment, third yarn 2203 may be a tensile element or
may be used and may be located on the front or rear side of other inlaid strand. In an exemplary embodiment, first yarn
front rail 1710 and/or rear rail 1711. 2201 and second yarn 2205 may be used to form portions of
In this embodiment, a first yarn 1801 from a spool (not a knit element of third knitted component 1000, whereas
shown) passes through first standard feeder 1800 and an end third yarn 2203 may be inlaid within the knit element as a
of yarn 1801 extends outward from a dispensing tip at the 10 tensile element of third knitted component 1000. In other
end of first standard feeder 1800. Although yarn 1801 is embodiments, however, third yarn 2203 may be used to form
depicted, any other strand (e.g., filament, thread, rope, portions of a knit element of third knitted component 1000.
webbing, cable, chain, or yarn) may pass through first In this embodiment, loops of first yarn 2201 and loops of
standard feeder 1800. A second yarn 1803 similarly passes second yarn 2205 are shown forming free portion 1014 of
through second standard feeder 1802 and extends outward 15 integral knit tongue 1010 of third knitted component 1000
from a dispensing tip. In an exemplary embodiment, first and are held by hooks located on ends of needles 1703 and
yarn 1801 and second yarn 1803 may be used to form needles 1704. Additionally, FIG. 23 illustrates knitting
portions of first knitted component 500. In this embodiment, machine 1700 completing the courses forming free portion
loops of first yarn 1801 are shown forming an uppermost 1014. In some embodiments, at least the final course of free
course of medial heel edge 507 of first knitted component portion 1014 may include cross-tuck stitches with a rela
500 and are held by hooks located on ends of needles 1703 tively tight or dense knit to ensure that free portion 1014 of
and needles 1704. Similarly, loops of second yarn 1803 may integral knit tongue 1010 remains properly positioned on
be used to form lateral heel edge 506 of first knitted needles 1701, 1702 during later stages of the knitting
component 500. process to be joined with the remaining portion of integral
Next, as shown in FIG. 19, knitting machine 1700 may 25 knit tongue 1010.
use a similar process to add additional courses to the Knitting machine 1700 now begins the process of forming
material forming first knitted component 500 to form further the remaining portion of the knit element forming third
portions, including lateral perimeter edge 504, medial knitted component 1000, in accordance with a similar knit
perimeter edge 505, lateral inner edge 508, medial inner ting process discussed above. In an exemplary embodiment,
edge 509, and front inner edge 510 of integral knit tongue 30 loops of first yarn 2201 may then begin to form an upper
512. In this embodiment, first standard feeder 1800 and most course of medial heel edge 1007 of third knitted
second standard feeder 1802 may form integral knit tongue component 1000 and loops of second yarn 2205 may be used
512 according to the loop diagram illustrated in FIG. 16, to form lateral heel edge 1006 of third knitted component
above. FIG. 20 illustrates knitting machine 1700 completing 1OOO.
the courses associated with knitting integral knit tongue 512, 35 Referring now to FIG. 24, as the knitting process contin
lateral raised element 514, medial raised element 515, and a ues, first standard feeder 2200 and second standard feeder
portion of the rest of first knitted component 500 forming 2204 may continue adding courses to third knitting compo
upper 502. FIG. 21 illustrates knitting machine 1700 nearly nent 1000, including lateral perimeter edge 1004, medial
completing the knitting process of forming first knitted perimeter edge 1005, lateral inner edge 1008, medial inner
component 500. By adding additional courses using a simi 40 edge 1009, and partially integral portion 1012 of integral
lar process, first knitted component 500 may be completed. knit tongue 1010. In this embodiment, first standard feeder
FIGS. 22 through 25 illustrate an exemplary process of 2200 and second standard feeder 2204 may form partially
knitting a knitted component in the form of third knitted integral portion 1012 of integral knit tongue 1010 according
component 1000, described above. Referring to FIG. 22, a to the loop diagram illustrated in FIG. 16, above. Addition
portion of knitting machine 1700 that includes needles 1703 45 ally, in this embodiment, combination feeder 2202 inlays
associated with front needle bed 1701, needles 1704 asso third yarn 2203 to form tensile element 1040, as depicted in
ciated with back needle bed 1702, and forward rail 1710 is FIG. 24, also in accordance with the knitting process dis
shown. Additionally, in this embodiment, knitting machine cussed in the Inlaid Strand cases.
1700 may include a first standard feeder 2200 and a second In an exemplary embodiment, during the knitting process
standard feeder 2204 that are substantially similar to stan 50 depicted between FIG. 23 and FIG. 24, free portion 1014 of
dard feeder 1720, described above and a combination feeder integral knit tongue 1010 may remain stationary relative to
2202 that is substantially similar to combination feeder needle beds 1701, 1702, as the portions of third knitted
1722, described above. First standard feeder 1800 and component 1000 move downward and may overlap free
combination feeder 2202 may be secured to a front side of portion 1014 as successive courses are formed in third
front rail 1710 and second standard feeder 2204 may be 55 knitted component 1000. This continues until a course is
secured to a rear side of front rail 1710. In other embodi formed that is intended to join free portion 1014 to the
ments, additional feeders may be used and may be located partially integral portion 1012 of integral knit tongue 1010
on the front or rear side of front rail 1710 and/or rear rail formed with the rest of third knitted component 1000. FIG.
1711. 25 illustrates knitting machine 1700 nearly completing the
In this embodiment, a first yarn 2201 from a spool (not 60 knitting process of forming third knitted component 1000.
shown) passes through first standard feeder 2200 and an end By adding additional courses using a similar process, third
of yarn 2201 extends outward from a dispensing tip at the knitted component 1000 may be completed.
end of first standard feeder 2200. Although yarn 2201 is Additionally, in the knitting process depicted in FIGS. 22
depicted, any other strand (e.g., filament, thread, rope, through 25, the relative position of the various feeders on
webbing, cable, chain, or yarn) may pass through first 65 first rail 1710 may restrict the portions of third knitted
standard feeder 2200. A second yarn 2205 similarly passes component 1000 that may be formed by each respective
through second standard feeder 2204 and extends outward feeder. For example, because of the placement of combina
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23 24
tion feeder 2202, first standard feeder 2200 may be permit second yarn 2603 may be further used to form other portions
ted to form both a front and back portion (associated with of the knit element of fourth knitted component 1300.
first surface 1030 and second surface 1032, respectively) of Referring now to FIG. 27, loops of first yarn 2601 are
third knitted component 1000 along a medial side and across shown forming an uppermost course of medial heel edge
partially integral portion 1012 of integral knit tongue 1010, 5 1307 of fourth knitted component 1300 and loops of third
but be restricted from forming a portion of third knitted yarn 2605 may be used to form lateral heel edge 1306 of
component 1000 along a lateral side. Similarly, second fourth knitted component 1300. Second yarn 2603 may not
standard feeder 2204 may be permitted to form both the yet be used to formany portion of fourth knitted component
front and back portion of third knitted component 1000 1300. Next, as shown in FIG. 28, knitting machine 1700 may
along the lateral side and across partially integral portion 10 use a similar process to add additional courses to the
1012 of integral knit tongue 1010, but be restricted from material forming fourth knitted component 1300 to form
forming a portion of third knitted component 1000 along the further portions, including lateral perimeter edge 1304,
medial side. With this arrangement, the knitting process medial perimeter edge 1305, lateral inner edge 1308, and
depicted in FIGS. 22-25 may require that specific feeders are medial inner edge 1309. In addition, at this point, second
15 standard feeder 2602 may have begun to use second yarn
used to form specific portions of third knitted component 2603 to form portions of fourth knitted component 1300.
1OOO. including integral knit tongue 1312, which extends from
FIGS. 26 through 29 illustrate an exemplary process of needles 1701, 1702 to the completed top end 1314.
knitting a knitted component similar to fourth knitted com In this embodiment, second standard feeder 2602 may
ponent 1300, described above. Referring to FIG. 26, a form integral knit tongue 1310 using an elastic yarn so as to
portion of knitting machine 1700 that includes needles 1703 permit throat area 1320 of fourth knitted component 1300 to
associated with front needle bed 1701, needles 1704 asso stretch. In addition, fourth knitted component 1300 may be
ciated with back needle bed 1702, and forward rail 1710 is formed with one or more decoupled knit layers, as described
shown. Additionally, in this embodiment, knitting machine above. FIG. 29 illustrates knitting machine 1700 completing
1700 may include a first standard feeder 2600, a second 25 the courses associated with knitting integral knit tongue
standard feeder 2602, and a third standard feeder 2604 that 1310 and the rest of fourth knitted component 1300 forming
are substantially similar to standard feeder 1720, described upper 1302. By adding additional courses using a similar
above. In addition, in embodiments where fourth knitted process, fourth knitted component 1300 may be completed.
component 1300 includes tensile elements, a combination Additionally, in the knitting process depicted in FIGS. 26
feeder (not shown) that is substantially similar to combina 30 through 29, the relative position of the various feeders on
tion feeder 1722, described above, may be included to form first rail 1710 may restrict the portions of fourth knitted
tensile element 1340 according to the process described component 1300 that may be formed by each respective
above with regard to the knitting process of third knitted feeder. For example, because the placement of second
component 1000 and as described in the Inlaid Strand cases. standard feeder 2602 is needed to form integral knit tongue
For the purposes of ease of illustration, therefore, fourth 35 1310 with an elastic second yarn 2603, first standard feeder
knitted component 1300 will be illustrated in FIGS. 26 2600 may be permitted to form both a front and back portion
through 29 without tensile element 1340. (associated with first surface 1330 and second surface 1332,
Referring again to FIG. 26, first standard feeder 2600 and respectively) of fourth knitted component 1300 along only a
second standard feeder 2602 may be secured to a front side medial side of fourth knitted component 1300. Similarly,
of front rail 1710 and third standard feeder 2604 may be 40 third standard feeder 2604 may be permitted to form both the
secured to a rear side of front rail 1710. In other embodi front and back portion of fourth knitted component 1300
ments, additional feeders may be used and may be located along only a lateral side of fourth knitted component 1300.
on the front or rear side of front rail 1710 and/or rear rail Accordingly, second standard feeder 2602 may be used to
1711. form integral knit tongue 1310 spanning between the lateral
In this embodiment, a first yarn 2601 from a spool (not 45 side and the medial side of fourth knitted component 1300.
shown) passes through first standard feeder 2600 and an end With this arrangement, the knitting process depicted in
of yarn 2601 extends outward from a dispensing tip at the FIGS. 26-29 may require that specific feeders are used to
end of first standard feeder 2600. Although yarn 2601 is form specific portions of fourth knitted component 1300.
depicted, any other strand (e.g., filament, thread, rope, The processes and methods for knitting a knitted compo
webbing, cable, chain, or yarn) may pass through first 50 nent described above and illustrated in FIGS. 16 through 29
standard feeder 2600. A second yarn 2603 similarly passes are exemplary and are not meant to be exhaustive. There
through second standard feeder 2602 and extends outward fore, it should be understood that additional knitted compo
from a dispensing tip. A third yarn 2605 also passes through nents including the features of the embodiments described
third standard feeder 2604 to a dispensing tip in a similar herein, as well as similar knitted components not explicitly
manner. In an exemplary embodiment, second yarn 2603 55 described herein, may be made using one or more knitting
may be a different type of yarn than first yarn 2601 and/or processes that are Substantially similar to the knitting meth
third yarn 2605. In this embodiment, second yarn 2603 may ods for knitted components described above and/or in the
be an elastic yarn that has a larger amount or degree of Inlaid Strands cases.
elasticity than first yarn 2601 and/or third yarn 2605, which While various embodiments of the invention have been
may be a Substantially inelastic yarn or a yarn with a small 60 described, the description is intended to be exemplary, rather
amount or degree of elasticity. In an exemplary embodiment, than limiting and it will be apparent to those of ordinary skill
first yarn 2601 and third yarn 2605 may be used to form in the art that many more embodiments and implementations
lateral and medial portions of a knit element forming fourth are possible that are within the scope of the invention.
knitted component 1300, whereas second yarn 2603 may be Accordingly, the invention is not to be restricted except in
used to form the elastic portion of integral knit tongue 1310 65 light of the attached claims and their equivalents. Also,
that is centrally-located within throat area 1320 of fourth various modifications and changes may be made within the
knitted component 1300. In other embodiments, however, Scope of the attached claims.
Case 1:23-cv-12666-JCB Document 1-7 Filed 11/06/23 Page 45 of 46
US 9,510,636 B2
25 26
What is claimed is: second knit element layer are decoupled along the throat
1. An article of footwear having an upper and a sole area of the knitted component.
structure secured to the upper, the article of footwear incor 12. The article of footwear recited in claim 11, wherein at
porating a knitted component comprising: least a second portion of the first knit element layer and the
a portion of the knitted component defining the upper, the 5 second knit element layer are joined along the throat area of
upper including a portion of at least one of an exterior the knitted component.
Surface of the knitted component and an opposite 13. A knitted component for an article of footwear, the
interior surface of the knitted component, the interior knitted component comprising:
Surface defining a Void for receiving a foot; and a portion of the knitted component defining an upper, the
an integral knit tongue formed with the upper and extend 10
upper including a portion of at least one of an exterior
ing through a throat area of the knitted component; and Surface of the knitted component and an opposite
at least one raised element extending a height above the interior surface of the knitted component, the interior
exterior Surface of the knitted component, Surface configured to define a void for receiving a foot;
wherein the integral knit tongue is joined to a forward and
portion of the throat area and at least along a portion of 15
a lateral side and a medial side of the throat area of the an integral knit tongue with the upper and extending
knitted component extending from the forward portion through a throat area of the knitted component; and
to an ankle opening of the upper. at least one raised element having at least one lace
2. The article of footwear recited in claim 1, wherein at aperture configured to receive a lace,
least a portion of the integral knit tongue and a portion of the wherein the integral knit tongue is joined to a forward
upper include at least one course having a common yarn. portion of the throat area and at least along a portion of
3. The article of footwear recited in claim 1, wherein at a lateral side and a medial side of the throat area of the
least a portion of the upper and a portion of the integral knit knitted component extending from the forward portion
tongue are formed from a common knit structure. to an ankle opening of the upper.
4. The article of footwear recited in claim 1, wherein the 25 14. The knitted component recited in claim 13, wherein at
at least one raised element is formed of unitary knit con least a portion of the integral knit tongue and a portion of the
struction with the upper and the integral knit tongue. upper include at least one course having a common yarn.
5. The article of footwear recited in claim 4, wherein the 15. The knitted component recited in claim 13, wherein at
knitted component includes at least two raised elements least a portion of the upper and a portion of the integral knit
disposed on each of the lateral side and the medial side of the 30 tongue are formed from a common knit structure.
throat area of the upper and extending a height above the 16. The knitted component recited in claim 13, wherein
exterior surface of the knitted component. the at least one raised element is formed of unitary knit
6. The article of footwear recited in claim 4, wherein the construction with the upper and the integral knit tongue.
at least one raised element further comprises at least one lace 17. The knitted component recited in claim 16, compris
aperture configured to receive a lace. 35 ing at least two raised elements disposed on each of a lateral
7. The article of footwear recited in claim 1, wherein the side and a medial side of the upper and extending a height
integral knit tongue comprises at least a partially integral above the exterior surface of the knitted component.
portion and a free portion; 18. The knitted component recited in claim 13, wherein
the partially integral portion being of unitary knit con the integral knit tongue comprises at least a partially integral
struction with the upper at the forward portion of the 40 portion and a free portion;
throat area and at least along the portion of the lateral the partially integral portion being of unitary knit con
side and the medial side of the throat area of the knitted struction with the upper at the forward portion of the
component; and throat area and at least along the portion of the lateral
the free portion being of unitary knit construction with the side and the medial side of the throat area of the knitted
partially integral portion at a rearward portion of the 45 component; and
integral knit tongue and remaining unattached to the the free portion being of unitary knit construction with the
remaining portions of the knitted component. partially integral portion at a rearward portion of the
8. The article of footwear recited in claim 1, wherein the integral knit tongue and remaining unattached to the
upper comprises a first type of yarn; and remaining portions of the knitted component.
wherein the integral knit tongue comprises a second type 50 19. The knitted component recited in claim 13, wherein
of yarn, the second type of yarn being different from the the upper comprises a first type of yarn; and
first type of yarn. wherein the integral knit tongue comprises a second type
9. The article of footwear recited in claim 8, wherein the of yarn, the second type of yarn being different from the
second type of yarn is an elastic yarn. first type of yarn.
10. The article of footwear recited in claim 1, wherein the 55 20. The knitted component recited in claim 19, wherein
knitted component comprises at least two knit element the second type of yarn is an elastic yarn.
layers, the at least two knit element layers including: 21. A knitted component for an article of footwear, the
a first knit element layer comprising a portion of the knitted component comprising:
knitted component associated with the exterior Surface; an upper and an integral knit tongue formed of unitary
and 60 knit construction with the upper and extending through
a second knit element layer comprising a portion of the a throat area of the knitted component;
knitted component associated with the interior Surface; the knitted component comprising at least two knit ele
and ment layers, including:
wherein the second knit element layer further includes the a first knit element layer comprising a portion of an
integral knit tongue. 65 exterior Surface of the knitted component; and
11. The article of footwear recited in claim 10, wherein at a second knit element layer comprising a portion of an
least a first portion of the first knit element layer and the interior surface of the knitted component, the interior
Case 1:23-cv-12666-JCB Document 1-7 Filed 11/06/23 Page 46 of 46
US 9,510,636 B2
27 28
Surface disposed opposite to the exterior Surface and
the interior surface being configured to define a void for
receiving a foot; and
wherein the integral knit tongue is joined to a forward
portion of the throat area and at least along a portion of 5
a lateral side and a medial side of the throat area of the
knitted component extending from the forward portion
to an ankle opening of the upper.
22. The knitted component recited in claim 21, wherein
the second knit element comprises the integral knit tongue. 10
23. The knitted component recited in claim 21, wherein at
least a first portion of the first knit element layer and the
second knit element layer are decoupled along the throat
area of the knitted component.
24. The knitted component recited in claim 23, wherein at 15
least a second portion of the first knit element layer and the
second knit element layer are joined along the throat area of
the knitted component.
25. The knitted component recited in claim 21, wherein at
least a portion of the integral knit tongue and a portion of the 20
upper include at least one course having a common yarn.
26. The knitted component recited in claim 21, further
comprising at least one raised element that is formed of
unitary knit construction with the upper and the integral knit
tongue. 25
27. The knitted component recited in claim 26, wherein
the first knit element layer comprises the at least one raised
element.
Case 1:23-cv-12666-JCB Document 1-8 Filed 11/06/23 Page 1 of 29
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(21) Appl. No.: 14/087,169 European Search Report from corresponding European Application
No. 15168417.2, dated Sep. 7, 2015 (7 pages).
(22) Filed: Nov. 22, 2013 (Continued)
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US 9,730,484 B2
1 2
ARTICLE OF FOOTWEAR HAVING A FLAT The intermediate layer of the upper may be formed from
KNIT UPPER CONSTRUCTION OR OTHER a lightweight polymer foam material that provides cushion-
UPPER CONSTRUCTION ing. Similarly, the interior layer of the upper may be formed
of a moisture-wicking textile that removes perspiration from
CROSS-REFERENCE TO RELATED 5 the area immediately surrounding the foot. In some articles
APPLICATIONS of athletic footwear, the various layers may be joined with
an adhesive, and stitching may be utilized to join elements
This application is a division of U.S. patent application within a single layer or to reinforce specific areas of the
Ser. No. 13/533,140, entitled "Article of Footwear Having a upper.
10 Although the materials selected for the upper vary sig-
Flat Knit Upper Construction or Other Upper Construction",
nificantly, textile materials often form at least a portion of
filed on Jun. 26, 2012, which application is a continuation of
the exterior layer and interior layer. A textile may be defined
U.S. patent application Ser. No. 12/829,788, entitled
as a structure manufactured from fibers, filaments, or yams
"Article of Footwear Having a Flat Knit Upper Construction characterized by flexibility, fineness, and a high ratio of
or Other Upper Construction", filed on Jul. 2, 2010, and 15 length to thickness. Textiles generally fall into two catego-
issued as U.S. Pat. No. 8,215,132 on Jul. 10, 2012, which ries. The first category includes textiles produced directly
application is a divisional ofU.S. patent application Ser. No. from webs of filaments or fibers by randomly interlocking to
11/558,499, entitled "Article of Footwear Having a Flat Knit construct non-woven fabrics and felts. The second category
Upper Construction or Other Upper Construction", filed on includes textiles formed through a mechanical manipulation
Nov. 10, 2006 and issued as U.S. Pat. No. 7,774,956 on May 20 of yam (e.g., by interlacing or interlooping), thereby pro-
15, 2008, each naming Bhupesh Dua, et al. as inventors, the ducing a woven fabric or a knit fabric, for example.
disclosures of all of which applications are hereby incorpo- Yarn is the raw material utilized to form textiles in the
rated by reference in entirety. second category. In general, yarn is defined as an assembly
having a substantial length and relatively small cross-section
BACKGROUND 25 that is formed of at least one filament or a plurality of fibers.
Fibers have a relatively short length and require spinning or
Conventional articles of athletic footwear include two twisting processes to produce a yarn of suitable length for
primary elements, an upper and a sole structure. The upper use in textiles. Common examples of fibers are cotton and
provides a covering for the foot that securely receives and wool. Filaments, however, have an indefinite length and may
positions the foot with respect to the sole structure. In 30 merely be combined with other filaments to produce a yam
addition, the upper may have a configuration that protects suitable for use in textiles. Modern filaments include a
the foot and provides ventilation, thereby cooling the foot plurality of synthetic materials such as rayon, nylon, poly-
and removing perspiration. The sole structure is secured to ester, and polyacrylic, with silk being the primary, naturally-
a lower surface of the upper and is generally positioned occurring exception. Yarn may be formed of a single fila-
between the foot and the ground. In addition to attenuating 35 ment, which is conventionally referred to as a
ground reaction forces, the sole structure may provide "monofilament yarn," or a plurality of individual filaments
traction and control foot motions, such as pronation. Accord- grouped together. Yarn may also include separate filaments
ingly, the upper and the sole structure operate cooperatively formed of different materials, or the yarn may include
to provide a comfortable structure that is suited for a wide filaments that are each formed of two or more different
variety of ambulatory activities, such as walking and run- 40 materials. Similar concepts also apply to yams formed from
ning The general features and configuration of the conven- fibers. Accordingly, yams may have a variety of configura-
tional upper are discussed in greater detail below. tions that generally conform to the definition provided
The upper forms a void on the interior of the footwear for above.
receiving the foot. The void has the general shape of the foot, The various techniques for mechanically manipulating
and access to the void is provided by an ankle opening. 45 yarn into a textile include interweaving, intertwining and
Accordingly, the upper extends over the instep and toe areas twisting, and interlooping. Interweaving is the intersection
of the foot, along the medial and lateral sides of the foot, and of two yams that cross and interweave at right angles to each
around the heel area of the foot. A lacing system is often other. The yarns utilized in interweaving are conventionally
incorporated into the upper to selectively increase the size of referred to as "warp" and "weft." Intertwining and twisting
the ankle opening and permit the wearer to modify certain 50 encompasses procedures such as braiding and knotting
dimensions of the upper to accommodate feet with varying where yarns intertwine with each other to form a textile.
proportions. In addition, the upper may include a tongue that Interlooping involves the formation of a plurality of colunms
extends under the lacing system and a heel counter to limit of intermeshed loops, with knitting being the most common
movement of the heel. method of interlooping.
The materials forming the upper may be selected based 55 The textiles utilized in footwear uppers generally provide
upon the properties of wear-resistance, flexibility, stretch- a lightweight, air-permeable structure that is flexible and
ability, and air-permeability, for example. With regard to the comfortably receives the foot. In order to impart other
exterior layer, the toe area and the heel area may be formed properties to the footwear, including durability and stretch-
ofleather, synthetic leather, or a rubber material to impart a resistance, additional materials are commonly combined
relatively high degree of wear-resistance. Leather, synthetic 60 with the textile, including leather, synthetic leather, or
leather, and rubber materials, however, may not exhibit the rubber, for example. With regard to durability, U.S. Pat. No.
desired degree of flexibility and air-permeability. Accord- 4,447,967 to Zaino discloses an upper formed of a textile
ingly, various other areas of the exterior layer of the upper material that has a polymer material injected into specific
may be formed from a synthetic or natural textile material. zones to reinforce the zones against abrasion or other forms
The exterior layer of the upper may be formed, therefore, 65 of wear. Regarding stretch resistance, U.S. Pat. No. 4,813,
from numerous material elements that each impart different 158 to Brown and U.S. Pat. No. 4,756,098 to Boggia both
properties to specific portions of the upper. disclose a substantially inextensible material that is secured
Case 1:23-cv-12666-JCB Document 1-8 Filed 11/06/23 Page 24 of 29
US 9,730,484 B2
3 4
to the upper, thereby limiting the degree of stretch in specific FIG. SD is a perspective view depicting a fourth step in
portions of the upper. U.S. Patent Publication No. 2006- assembling the article of footwear.
0048413 describes, inter alia, a rubber/foam web sand- FIG. SE is a perspective view depicting a fifth step in
wiched between two textile structures to provide support, assembling the article of footwear.
and this structure also allows for regional breathability, 5 FIG. 9A is a plan view of another configuration for the
stretchability, and durability. lateral textile element.
FIG. 9B is a plan view of yet another configuration for the
SUMMARY lateral textile element.
FIG. lOA is a perspective view of a textile element of a
One example structure according to this invention relates 10 second upper in accordance with the invention.
to an article of footwear having an upper and a sole structure FIG. 10B is a top plan view of the textile element of the
secured to the upper. The upper includes a knitted element second upper.
formed from at least one mechanically manipulated yam. FIG. lOC is a side elevational view of the textile element
The knitted element of this example structure has an area of the second upper.
with a first layer and a coextensive second layer. The first 15 FIG. llA is a perspective view of an article of footwear
layer is formed as a unitary construction with the second having a third upper in accordance with the invention.
layer, and the second layer is joined to the first layer at FIG. 11B is a side elevational view of the third upper in
opposite sides of the second layer. combination with a foot.
Another example aspect of the invention relates to a FIG. 12 is a perspective view of an article of footwear
method of manufacturing an article of footwear. The method 20 having another upper configuration in accordance with this
includes steps of flat knitting a textile element and incorpo- invention.
rating the textile element into the article of footwear. The FIG. 13 is a perspective view of an article of footwear
step of flat knitting may include forming an area of the having yet another upper configuration in accordance with
textile element with a first layer and a coextensive second this invention.
layer. The two layers may be utilized to form a channel, for 25
example. In some configurations, the step of flat knitting DETAILED DESCRIPTION
may include forming a first area and a second area, with one
or both of a stitch type and a yarn type of the first area being The following discussion and accompanying figures dis-
different than a stitch type and a yarn type of the second area. close various uppers for articles of footwear, the uppers (or
Yet another example structure according to this invention 30 at least portions thereof) being at least partially formed from
relates to an article of footwear having a knitted element that a material produced through a flat knitting process. The
includes a foot-receiving portion and one or more straps uppers are disclosed in combination with footwear suitable
formed of unitary construction with the foot-receiving por- for activities that include running and yoga. Concepts asso-
tion. The foot-receiving portion defines a void for receiving ciated with the footwear and the uppers are not limited solely
the foot, and the strap or straps extend outward from one or 35 to footwear designed for running and yoga, but they may be
more sides of the foot-receiving portion. applied to a wide range of athletic footwear styles, including
The advantages and features of novelty characterizing baseball shoes, basketball shoes, cross-training shoes,
various aspects of the invention are pointed out with par- cycling shoes, football shoes, tennis shoes, soccer shoes,
ticularity in the appended claims. To gain an improved walking shoes, and hiking boots, for example. The concepts
understanding of the advantages and features of novelty, 40 also may be applied to footwear styles that are generally
however, reference may be made to the following descrip- considered to be non-athletic, including dress shoes, loafers,
tive matter and accompanying drawings that describe and sandals, and work boots. The concepts disclosed herein
illustrate various embodiments and concepts related to the apply, therefore, to a wide variety of footwear styles. Also,
aspects of the invention. aspects of this invention may be used in conjunction with
45 other portions of a footwear structure, such as a layer within
DESCRIPTION OF THE DRAWINGS an upper member structure, an interior lining for a footwear
product (such as a sock liner), a bootie member (optionally
FIG. 1 is a lateral side elevational view of an article of for inclusion in a footwear structure), etc.
footwear having a first upper in accordance with the inven- Flat knitting, when used in example structures according
tion. 50 to this invention, can provide various advantages. For
FIG. 2 is a medial side elevational view of the article of example, flat knitting can be used to provide textile struc-
footwear. tures for use in footwear uppers of a final desired shape such
FIG. 3 is top plan view of the article of footwear. that textile cutting steps can be avoided (which eliminates
FIGS. 4A-4C are cross-sectional views of the article of waste, avoids the need to finish cut edges, saves time, saves
footwear, as defined by section lines 4A-4C in FIG. 3. 55 money, etc.). Flat knitted elements also can be formed
FIG. 5 is a plan view ofa lateral textile element of the first directly in desired three dimensional shapes, which can help
upper. avoid the need to use additional support structures in the
FIG. 6 is a plan view of a medial textile element of the first overall footwear construction (which also saves time,
upper. money, etc.; produces a lighter and/or more flexible product;
FIG. 7 is a plan view ofa central textile element of the first 60 may eliminate seams and at least some sewing, etc.; etc.). By
upper. selectively placing multiple different yarns and/or stitch
FIG. SA is a perspective view depicting a first step in patterns at multiple different locations in the overall struc-
assembling the article of footwear. ture during the knitting process, flat knitted products may
FIG. SB is a perspective view depicting a second step in have multiple different physical properties (e.g., different
assembling the article of footwear. 65 stretchability, different moisture management capabilities,
FIG. SC is a perspective view depicting a third step in etc.) at multiple different locations or zones within a single,
assembling the article of footwear. unitary construction (e.g., different properties at different
Case 1:23-cv-12666-JCB Document 1-8 Filed 11/06/23 Page 25 of 29
US 9,730,484 B2
5 6
zones or locations within a single footwear structure). Addi- a configuration that receives lace 32. In addition, upper 30
tionally, flat knitting can be used to produce pockets, tun- includes a heel counter 34 that extends around heel region 13
nels, or other layered structures in the final product. These and limits movement of the heel. A wide variety of other lace
and other features, aspects, and advantages of structures and engaging elements and/or other footwear securing systems
methods in accordance with examples of this invention will 5 may be provided, if desired.
be described in more detail below in conjunction with the Textile Elements
various example structures illustrated in FIGS. 1-13. The void in this example footwear structure 10 is primar-
General Footwear Structure ily defined by a lateral textile element 40, a medial textile
An article of footwear 10 is depicted in FIGS. l-4C as element 50, and a central textile element 60. Lateral textile
including a sole structure 20 and an upper 30. For reference 10
element 40 forms portions of upper 30 corresponding with
purposes, footwear 10 may be divided into three general
lateral side 14. Medial textile element 50 forms portions of
regions: a forefoot region 11, a midfoot region 12, and a heel
upper 30 corresponding with medial side 15. In addition,
region 13, as shown in FIGS. 1 and 2. Footwear 10 also
includes a lateral side 14 and a medial side 15. Forefoot central textile element 60 forms portions of upper 30 extend-
region 11 generally includes portions of footwear 10 corre- 15
ing under the foot, over forward portions of the foot, and
sponding with the toes and the joints connecting the meta- around the heel of the foot. Textile elements 40, 50, and 60
tarsals with the phalanges. Midfoot region 12 generally extend around the foot and are the primary elements of
includes portions of footwear 10 corresponding with the footwear 10 that make contact with the foot or a sock worn
arch area of the foot, and heel region 13 corresponds with over the foot. In general, and as described in greater detail
rear portions of the foot, including the calcaneus bone. 20 below, upper 30 is substantially assembled by joining edges
Lateral side 14 and medial side 15 extend through each of of textile elements 40, 50, and 60 to impart a general shape
regions 11-13 and correspond with opposite sides of foot- of the void. In addition, assembling upper 30 in this example
wear 10. Regions 11-13 and sides 14-15 are not intended to structure 10 involves incorporating lace 32, lace elements
demarcate precise areas of footwear 10. Rather, regions 33, and heel counter 34 into footwear 10.
11-13 and sides 14-15 are intended to represent general areas 25 Textile elements 40, 50, and 60 are depicted as forming
of footwear 10 to aid in the following discussion. In addition portions of both an exterior surface and an opposite interior
to footwear 10, regions 11-13 and sides 14-15 may also be surface of footwear 10. In further configurations, textile
applied to sole structure 20, upper 30, and individual ele- elements 40, 50, and 60 may form only the exterior surface
ments thereof. or only the interior surface (e.g., as an interior liner or bootie
Sole structure 20 is secured to upper 30 and extends 30 for the footwear structure). Textile elements 40, 50, and 60
between the foot and the ground when footwear 10 is worn. may also be located between other footwear elements so as
In addition to providing traction, sole structure 20 may to form non-visible or non-exposed portions of footwear 10.
attenuate ground reaction forces when compressed between In addition, textile elements 40, 50, and 60 are depicted as
the foot and the ground during walking, running, or other extending through each of regions 11-13, but they may be
ambulatory activities. As depicted in the figures, one suitable 35 limited to a smaller portion of footwear 10.
configuration for sole structure 20 includes a midsole 21, an Lateral textile element 40 is depicted individually in FIG.
outsole 22, and an insole 23. Midsole 21 is secured to a 5 and is formed of unitary (i.e., one-piece) construction
lower surface of upper 30 and is primarily formed from a through a flat knitting process. That is, a flat knitting process
polymer foam element (e.g., a polyurethane or ethylviny- is utilized to mechanically manipulate one or more yams in
lacetate foam, phylon, phylite, etc.) that imparts the ground 40 a manner that forms an upper edge 41, a lower edge 42, a
reaction force attenuation properties to sole structure 20. rear edge 43, and four charmels 44 in lateral textile element
Midsole 21 may incorporate a fluid-filled bladder that 40. As depicted in the cross-section of FIG. 4B, charmels 44
supplements the ground reaction force attenuation proper- are formed from two at least partially coextensive layers of
ties. Outsole 22 is secured to a lower surface of midsole 21 the material forming lateral textile element 40, and the two
and may be formed from textured rubber or other materials 45 layers are formed of unitary (i.e., one piece) construction
that impart a relatively high degree of wear resistance and/or through the flat knitting process. When viewed from the side
traction properties. Insole 23 is located within upper 30 and of footwear 10, as in FIG. 1, charmels 44 are oriented in a
is positioned to extend under a lower surface of the foot. substantially vertical direction or are angled with respect to
Although this configuration for sole structure 20 provides a a vertical direction.
suitable example for a sole structure that may be used in 50 Medial textile element 50 is depicted individually in FIG.
connection with upper 30, a variety of other conventional or 6 and is similar in shape and configuration to lateral textile
nonconventional configurations for sole structure 20 may element 40. Accordingly, medial textile element 50 is
also be utilized without departing from this invention. formed of unitary (i.e., one-piece) construction through a flat
Upper 30 defines a void within footwear 10 for receiving knitting process. That is, a flat knitting process is utilized to
and securing the foot relative to sole structure 20. More 55 mechanically manipulate one or more yams in a marmer that
particularly, the void is shaped to accommodate a foot and forms an upper edge 51, a lower edge 52, a rear edge 53, and
extends along the lateral side of the foot, along the medial four channels 54 in medial textile element 50. As depicted
side of the foot, over the foot, and under the foot. Access to in the cross-section of FIG. 4B, channels 54 are formed from
the void is provided by an ankle opening 31 located in at two at least partially coextensive layers of the material
least heel region 13. A lace 32 extends through various lace 60 forming medial textile element 50, and the two layers are
elements 33 and permits the wearer to modify dimensions of formed of unitary (i.e., one piece) construction through the
upper 30, thereby accommodating feet with varying propor- flat knitting process. When viewed from the side of footwear
tions. Lace 32 also permits the wearer to loosen upper 30 and 10, as in FIG. 2, channels 54 are oriented in a substantially
facilitate removal of the foot from the void. Lace elements vertical direction or are angled with respect to the vertical
33 in this example footwear structure 10 are formed from a 65 direction. Channels 54 are, therefore, similar in configura-
flexible material, and each has a pair of loops 35 formed on tion and orientation to charmels 44 of lateral textile element
opposite ends of a central section 36, with loops 35 having 40.
Case 1:23-cv-12666-JCB Document 1-8 Filed 11/06/23 Page 26 of 29
US 9,730,484 B2
7 8
Central textile element 60 is depicted individually in FIG. having a ribbed configuration that stretches to a different
7 and includes a forward portion 61, a center portion 62, and degree than the non-ribbed configurations of center portion
a rearward portion 63 formed of unitary (i.e., one piece) 62 and rearward portion 63. Moreover, textile elements 40
construction. Forward portion 61 is primarily located in a and 50 may be formed from a less stretchable type of stitch
throat area of footwear 10 (i.e., under lace 32) and has an 5 than forward portion 61, and the yarn selected for textile
elongate configuration defined by a lateral edge 64a and a elements 40 and 50 may be more wear-resistant than the
medial edge 64b. As depicted in FIG. 3, and as described in yarn selected for forward portion 61. As another example,
greater detail below, at least a portion of lateral edge 64a is the knit/yarn combination utilized for rearward portion 63
joined to lateral textile element 40 and at least a portion of may be selected to impart stretch and recovery to ankle
medial edge 64b is joined to medial textile element 50. 10
opening 31. Accordingly, the flat knitting process may be
Center portion 62 is primarily located adjacent sole structure
utilized to form a generally three-dimensional or overlap-
20 (i.e., in an area extending under the foot) to form a lower
ping structure having areas with different properties that are
portion of the void within upper 30. Center portion 62 has
a shape that approximates a shape of the foot and is defined produced from combinations of different types of stitches
by a lateral edge 65a and a medial edge 65b. As described 15
and different types of yarns.
in greater detail below, lateral edge 65a is joined to lateral The flat knitting process may also be utilized to form
textile element 40 and medial edge 65b is joined to medial elements with defined shapes that do not need to be cut from
textile element 50. Rearward portion 63 is primarily located a larger textile element. For example, each of textile ele-
in heel region 13 and has a generally Y-shaped configuration ments 40, 50, and 60 may be knitted to have the respective
defined by a lateral edge 66a, a medial edge 66b, and an 20 shapes depicted in FIGS. 5-7 without cutting textile ele-
ankle edge 66c. As described in greater detail below, lateral ments 40, 50, and 60 from larger textile elements. Unlike
edge 66a is joined to lateral textile element 40, medial edge textile elements cut from a larger textile element, therefore,
66b is joined to medial textile element 50, and ankle edge the edges of textile elements 40, 50, and 60 do not need to
66c forms a portion of an upper edge of ankle opening 31. be finished to prevent unraveling. Also this feature reduces
Flat Knitting and Yarn 25 waste and saves time and money in the manufacturing
Each of textile elements 40, 50, and 60 may be formed process.
through a flat knitting process. In general, flat knitting is a The yarn forming textile elements 40, 50, and 60 may
method for producing knitted material in which the material include cotton and wool fibers, natural filaments such as silk,
is turned periodically (i.e., the material is knitted from and synthetic filaments that include rayon, nylon, polyester,
alternating sides). The two sides (otherwise referred to as 30
and acrylic. Other materials also may be used without
"faces") of the material are conventionally designated as the
departing from this invention. The yarn may be a monofila-
"right side" (i.e., the side that faces outwards, towards the
ment yarn or a plurality of individual filaments. The yarn
viewer) and the "wrong side" (i.e., the side that faces
may also be formed of separate filaments formed of different
inwards, away from the viewer). Flat knitting may be
contrasted with circular knitting, in which the fabric is 35
materials, or the yarn may be formed of filaments that are
always knitted from the same side. Various circular knitting each formed of two or more different materials. Similar
techniques are known, for example, narrow tube circular concepts also apply to yarns formed from fibers. In order to
knitting and wide tube circular knitting. More specific provide the stretch and recovery properties to upper 30, and
examples of circular knitting techniques are described in particularly textile elements 40, 50, and 60, a yarn that
U.S. Published Patent Publication No. 2005/0193592, which 40 incorporates an elastane fiber may be utilized. Elastane
publication is entirely incorporated herein by reference. In fibers are available from E. I. duPont de Nemours Company
contrast with circular knitting, flat knitting may be more under the LYCRA trademark. Such fibers may have the
complicated because the same stitch (as seen from the right configuration of covered LYCRA® wherein the fiber
side) is produced by two different movements when knitted includes a LYCRA® core that is surrounded by a nylon
from the right and wrong sides. Accordingly, a knit stitch (as 45 sheath. One suitable yarn, for example, includes a 70 denier
seen from the right side) may be produced by a knit stitch on elastane core that is covered with nylon having a 2 ply, 80
the right side or by a purl stitch on the wrong side. In flat denier, 92 filament structure. Other fibers or filaments exhib-
knitting, the fabric is usually turned after every row. iting elastic properties may also be utilized.
Although flat knitting provides a suitable manner for form- The characteristics of the yarn selected for textile ele-
ing textile elements 40, 50, and 60, other types of knitting 50 ments 40, 50, and 60 depend primarily upon the materials
may also be utilized, including wide tube circular knitting, that form the various filaments and fibers. Cotton, for
narrow tube circular knit jacquard, single knit circular knit example, provides a soft hand, natural aesthetics, and bio-
jacquard, double knit circular knit jacquard, and warp knit degradability. Elastane fibers, as discussed above, provide
jacquard, for example. substantial stretch and recoverability. Rayon provides drape
An advantage of flat knitting over various other types of 55 and moisture absorption. Wool also provides high moisture
knitting is that the flat knitting process may be utilized to absorption, in addition to insulating properties. Polytetra-
form generally three-dimensional structures or structures fluoroethylene coatings may provide a low friction contact
wherein layers of material overlap each other (i.e., are at between the textile and the skin. Nylon is a durable and
least partially coextensive) to form loops or other overlap- abrasion-resistant material with high strength, and polyester
ping configurations, as with channels 44 and 54. More 60 is a hydrophobic material that dries quickly and also pro-
particularly, the flat knitting process may make structures vides relatively high durability. The flat filaments of nylon/
wherein layers are joined to each other such that opposite polyester may provide luster whereas textured filaments may
sides of one layer are formed of unitary construction with the provide bulk and a matte luster. Accordingly, the materials
other layer, as with channels 44 and 54. In addition, flat comprising the yarn may be selected to impart a variety of
knitting may be utilized to form areas with different types of 65 physical properties to textile elements 40, 50, and 60, and
stitches and areas with different types of yarns. For example, the physical properties may include, for example, strength,
forward portion 61 of central element 60 is depicted as stretch, support, stiffness, recovery, fit, and form.
Case 1:23-cv-12666-JCB Document 1-8 Filed 11/06/23 Page 27 of 29
US 9,730,484 B2
9 10
Assembly Process from a substantially inextensible material. In order to pro-
A suitable assembly process for footwear 10 is generally vide lace loops 45 with similar properties, the yarns and
depicted in FIGS. SA-SE. The order of the various steps stitch selected for lace loops 45 may impart a substantially
outlined below is discussed as an example of the manner in non-stretch configuration to upper 30 in the area of lace
which footwear 10 may be assembled. One skilled in the 5 loops 45.
relevant art will recognize, however, that a different order Yet another configuration for lateral textile element 40 is
may also be utilized for assembling footwear 10. With depicted in FIG. 9B as having a pocket 46 in place of
reference to FIG. SA, each of textile elements 40 and 50 are channels 44 and lace elements 33. Pocket 46 has an upper
depicted as being stitched or otherwise joined to central opening and is otherwise closed to permit small items (e.g.,
textile element 60. More particularly, lower edge 42 of 10 a key, identification, or change) to be secured within foot-
lateral textile element 40 is stitched to lateral edge 65a of wear 10. As with channels 44 and lace loops 45, pocket 46
center portion 62, and lower edge 52 of medial textile is formed through the flat knitting process as a unitary
element 50 is stitched to medial edge 65b of center portion construction with the textile element 40. If desired, a flap or
62. A variety of stitch types may be utilized to join edges 42, other closure element may be provided to help secure items
52, 65a, and 65b in the manner discussed above. For 15 within the pocket 46 (optionally, the flap may be formed as
example, edges 42, 52, 65a, and 65b may abut each other or part of the textile element 40 in the flat knitting process (e.g.,
overlap each other once the stitching is applied. In addition as a unitary, one-piece structure therewith).
to stitching, edges 42, 52, 65a, and 65b may be joined to As another example of a three-dimensional structure
each other with an adhesive or with a heat bonding opera- formed through a flat knitting process, an upper 70 is
tion. Accordingly, a variety of methods may be utilized to 20 depicted in FIGS. lOA-lOC. Upper 70 includes a central
join textile elements 40, 50, and 60. Furthermore, one skilled portion 71, a pair of side portions 72, and eight lace loops 73.
in the relevant art will recognize that a last having the Side portions 72 each include a side edge 74, a rear edge 75,
general shape of the foot may be utilized in joining textile and a central edge 76. When assembled into an article of
elements 40, 50, and 60 to form upper 30. footwear, central portion 71 extends over the foot, and side
Once lower portions of textile elements 40 and 50 are 25 portions 72 wrap under the foot. More particularly, side
joined to center portion 62, textile elements 40 and 50 are edges 74 are joined to each other (e.g., with stitching) to
joined to rearward portion 63, as depicted in FIG. SB. More form a seam that extends under the foot and along a
particularly, rear edge 43 of lateral textile element 40 is longitudinal length of the foot. In addition, rear edges 75 are
stitched to lateral edge 66a of rearward portion 63, and rear joined to each other (e.g., with stitching) to form a seam that
edge 53 of medial textile element 50 is stitched to medial 30 extends upward along the heel. In this configuration, central
edge 66b ofrearward portion 63. With reference to FIG. SC, edge 76 may define an opening that permits the foot to enter
the assembly process continues by joining textile elements and exit a void within upper 70. A lace may also extend
40 and 50 to forward portion 61. More particularly, upper through lace loops 73 to provide adjustability.
edge 41 of lateral textile element 40 is stitched to lateral Whereas side portions 72 are relatively flat in configura-
edge 64a of forward portion 61, and upper edge 51 of medial 35 tion, central portion 71 has a domed shape formed through
textile element 50 is stitched to medial edge 64b of forward the flat knitting process. That is, the flat knitting process
portion 61. forms central portion 71 to have a three-dimensional struc-
At this point in the assembly process, textile elements 40, ture that is shaped to extend over the foot. In comparison
50, and 60 are joined to each other to form an interior void with side portions 72, which have a non-ribbed type of knit,
shaped to receive the foot. The various other elements of 40 central portion 71 may be ribbed. In addition to different knit
footwear 10 may now be added. With reference to FIG. SD, types, different areas may also incorporate different yams to
lace elements 33 are positioned to extend through channels further vary the properties of upper 70. In addition to
44 and 54 and also extend under center portion 62 of central providing a three-dimensional structure, therefore, the flat
textile element 60. Each ofloops 35 are positioned to extend knitting process may be utilized to impart different knit types
outward from upper portions of channels 44 and 54, and 45 and yams to different areas of upper 70, thereby varying the
central section 36 of lace elements 33 is positioned under properties of upper 70 in the different areas.
and on the exterior of central textile element 60. As the final Another article of footwear 10' is depicted in FIGS. llA
steps in this example assembly process, as depicted in FIG. and 11B as including a sole structure 20' and an upper 30'.
SE, lace 32 is threaded through lace elements 33, heel Whereas footwear 10 includes sole structure 20 that is
counter 34 is adhesively-bonded or otherwise secured to an 50 separate from and attached to upper 30, sole structure 20' of
exterior of upper 30 in heel region 13, and sole structure 20 this example is a lower surface of a textile material that
is adhesively-bonded or otherwise secured to a lower area of forms upper 30'. Accordingly, footwear 10' may be used for
upper 30. activities such as yoga where a minimal sole is acceptable.
Additional Configurations In other configurations, sole structure 20' may include
Footwear 10 provides an example of a suitable configu- 55 polymer foam or rubber elements that impart force attenu-
ration of an article of footwear having an upper at least ation and wear resistance. A separate sole structure may be
partially formed from a flat knit material structure. With provided for use with upper 30', if desired.
reference to FIG. 9A, another configuration for lateral textile Upper 30' includes a foot-receiving portion 31' and a pair
element 40 is depicted as having various lace loops 45 in of straps 32' that extend outward from sides of foot-receiv-
place of channels 44 and lace elements 33. As discussed 60 ing portion 31'. Foot-receiving portion 31' has the general
above, the flat knitting process may be utilized to form configuration of a sock that is formed of unitary (i.e., one
generally three-dimensional structures wherein layers of piece) construction by the flat knitting process. Foot-receiv-
material overlap each other (i.e., are at least partially coex- ing portion 31' is, therefore, a textile element shaped to
tensive) to form loops or other overlapping configurations, extend around the foot, and foot-receiving portion 31' has an
as with channels 44 and 54. Lace loops 45 may be used in 65 opening 33' for inserting and removing the foot from upper
place of lace elements 33 to receive portions of lace 32. 30'. Straps 32' are each formed of unitary (i.e., one piece)
Although not necessary, lace elements 33 may be formed construction with foot-receiving portion 31' and are joined
Case 1:23-cv-12666-JCB Document 1-8 Filed 11/06/23 Page 28 of 29
US 9,730,484 B2
11 12
with foot-receiving portion 31' proximal opening 33'. As tion with the upper member 130 by a flat knitting process,
with foot-receiving portion 31', straps 32' are formed e.g., in the manner described above in conjunction with the
through the flat knitting process. Each of straps 32' in this strap 32 of FIGS. llA and 11B. If desired, the strap 132 (as
example structure are tapered from the area where straps 32' well as straps 32 described above) may be constructed from
are joined with foot-receiving portion 31' to an end portion 5 a stretchable material, e.g., to enable a snug and secure fit to
of straps 32'. That is, the end portions of straps 32' have a the wearer's foot.
lesser width than the portions of straps 32' that are adjacent FIG. 13 illustrates an example article of footwear 200
opening 33'. Straps 32' may each be formed from a single having yet another strap/securing arrangement. In this
layer of textile material, or each of straps 32' may have a example, parts that are the same or similar to those described
tubular configuration that is effectively formed from two 10
in conjunction with FIG. 12 will be labeled with the same
layers of the textile material.
reference number (and the corresponding description thereof
Straps 32' are utilized to secure footwear 10' to the foot.
will be omitted). Rather than a single strap, in this example,
As such, straps 32' may have a length that ranges, for
example, between three inches and twenty-four inches, several (e.g., four in the illustrated example) long and
depending upon the size and intended use of footwear 10'. 15
relatively thin and flexible straps 232 are provided. If
As depicted, however, straps 32' are approximately six desired, the straps 232 may be sufficiently thin and/or
inches in length. Each of straps 32' has an end portion and flexible to allow the wearer to tie them together around the
a fastener 34' that is located at the end portion. Fastener 34' foot (e.g., in a bow or a knot, akin to a shoelace), to thereby
is depicted as corresponding portions of a hook-and-loop secure the foot in the article of footwear 200. The straps 232
fastener, such as VELCRO®, but they may also be snaps, 20 may be of sufficient length to wrap around the wearer's
buttons, or other desired fasteners. With reference to FIG. ankle one or more times, and optionally up the wearer's calf,
11B, straps 32' wrap around the ankle such that fastener 34' e.g., in a manner similar to straps provided in conventional
is utilized to secure the end portions of straps 32' together ballet slippers and/or Greco Roman type sandals. If desired,
behind the ankle. Alternately, straps 32' may be tied on the rather than tying, fastener elements (such as hook-and-loop
upper surface of the foot or may wrap around the foot to 25 fasteners, or the like) may be provided, e.g., in a manner
secure footwear 10' to the foot. Accordingly, a variety of similar to that described above in conjunction with FIGS.
methods for securing footwear 10' to the foot may be llA through 12.
utilized, depending upon the foot size and preferences of the Straps 232 may be formed as a unitary, one piece con-
wearer. struction with the upper member 130, e.g., during a flat
Whereas upper 30 is formed from three separate textile 30
knitting process, like the processes described above in
elements 40, 50, and 60 that are joined through stitching,
conjunction with FIGS. llA through 12. Alternatively, if
upper 30' is formed from a single textile element formed of
desired, the straps 232 may be separate from the upper
unitary construction. In contrast with upper 30, therefore,
member 130 (e.g., like a lace, belt, ribbon, or other strap
upper 30' is free from seams that may contact the foot during
use. That is, foot-receiving portion 31' of this example 35
element), optionally extending through channels formed in
structure 10' is formed to extend around the foot and does the upper member 130, e.g., in a manner similar to the
not include seams adjacent the foot. Furthermore, the seam- channels 44 and 54 described above in conjunction with
less union of sole structure 20' and upper 30' in this example FIGS. 1-SE. Other strap and/or fastener arrangements may
structure 10' further reduces seams adjacent the foot. be provided without departing from this invention.
Accordingly, the flat knitting process may be utilized to form 40 While the footwear structures 10', 100, and 200 shown in
a seamless footwear component that extends around the FIGS. llA through 13 are illustrated as ballet or yoga type
foot. footwear, the described structures and techniques may be
FIGS. 12 and 13 illustrate additional examples of articles used to provide upper members or portions thereof (e.g.,
of footwear like the example shown in FIGS. llA and 11B, liners, bootie elements, etc.) for a wide variety of different
but these additional examples have somewhat different 45 footwear products without departing from the invention.
straps and/or securing arrangements. In the example article
of footwear 100 shown in FIG. 12, the article of footwear CONCLUSION
100 includes a sole structure 120 and an upper 130. A
separate sole structure 120 may be provided and attached to As described above, a flat knitting process may be utilized
the upper 130, if desired, or the upper 130 and the sole 50 to form a variety of uppers or other structures for inclusion
structure 120 may be provided as a unitary, one-piece in footwear products. An advantage of flat knitting is that
construction (e.g., as a flat knit yoga shoe, slipper, bootie, or generally three-dimensional structures may be formed. In
the like). The upper 130 of this example structure 100 addition, structures wherein layers of material overlap each
includes a foot-receiving portion 131 that defines an opening other to form loops or other overlapping configurations may
133 through which the wearer's foot may be inserted. This 55 be formed. The flat knitting process may also be utilized to
example structure 100 includes a single strap 132 that form areas with different properties, e.g., by using combi-
extends over the wearer's foot to secure the foot in the article nations of different types of stitches and/or different types of
of footwear 100. While any desired type of securing system yarns. Accordingly, flat knitting may be utilized to shape an
may be provided (e.g., buttons, snaps, hooks, buckles, etc.), upper and also provide different properties to different areas
in this example structure 100, one portion of a hook-and- 60 of the upper.
loop fastener 134 is provided on the free end of the strap The invention is disclosed above and in the accompanying
132, and this portion of the fastener 134 secures to another drawings with reference to a variety of embodiments. The
portion of the hook-and-loop fastener (not shown) provided purpose served by the disclosure, however, is to provide an
at the side of the upper 130. The strap 132 may be provided example of the various features and concepts related to
on either the lateral side or the medial side of the upper 65 aspects of the invention, not to limit the scope of aspects of
member 130 without departing from the invention. This the invention. One skilled in the relevant art will recognize
strap 132 may be provided as a unitary, one-piece construe- that numerous variations and modifications may be made to
Case 1:23-cv-12666-JCB Document 1-8 Filed 11/06/23 Page 29 of 29
US 9,730,484 B2
13 14
the embodiments described above without departing from a first side portion being formed of unitary construction
the scope of the invention, as defined by the appended with the central portion and extending from a first side
claims. of the central portion; and
a second side portion being formed of unitary construc-
What is claimed is: 5 tion with the central portion and extending from a
1. An article of footwear comprising an upper including a second side opposite the first side of the central portion·
flat-knitted element formed from at least one yarn mechani- and '
cally manipulated in a flat-knitting process, the flat-knitted the second layer being flat-knitted with the first layer at
element including a first layer having: opposite ends of the second layer to form an overlapped
a central portion having a domed, three-dimensional loop.
10
structure configured for extending over the top of a 11. A method of manufacturing an article of footwear the
foot; method comprising '
a first side portion being formed of unitary construction forming du_ring a flat-knitting process an upper including
with the central portion and extending from a first side a flat-knitted element including a first layer having:
of the central portion; and a central portion having a domed, three-dimensional
15 structure configured for extending over the top of a
a second side portion being formed of unitary construc-
tion with the central portion and extending from a foot;
second side opposite the first side of the central portion, a first side portion being formed of unitary construction
the domed, three-dimensional structure shaped to with the central portion and extending from a first
extend above the plane of the first side portion and the side of the central portion; and
20 a second side portion being formed of unitary construc-
second side portion when the flat-knitted element is in
a flattened configuration. tion with the central portion and extending from a
2. The article of footwear of claim 1, further comprising second side opposite the first side of the central
a first loop being formed as a second layer of unitary portion, wherein the domed, three-dimensional
construction with the first layer. structure is shaped to extend above the plane of the
25 first side portion and the second side portion when
3. The article of footwear of claim 2, wherein the first loop
extends outward from the central portion. the flat-knitted element is in a flattened configura-
. 4. The articl~ of footwear of claim 2, further comprising
tion .
eight loops bemg formed as a second layer of unitary 12. The method recited in claim 11, wherein the flat
construction with the first layer. knitting process includes forming a first area and a second
30 area, a stitch type of the first area being different that a stitch
5. The article of footwear of claim 1, wherein the knitted
element defines a void for receiving a foot of a wearer. type of the second area.
6. The article of footwear of claim 1, wherein the knitted 13. The method recited in claim 11, wherein the flat
element defines at least a portion of an exterior surface of the knitting process includes forming a first area and a second
upper, and the knitted element defines at least a portion of a area, a yarn type of the first area being different than a yarn
35 type of the second area.
void for receiving a foot of a wearer.
7. The article of footwear of claim 1, wherein the knitted 14. The method recited in claim 11, wherein the flat
element includes a first area and a second area, the first area knitting process includes forming a first area and a second
including a first type of knit structure, and the second area area, a stitch type and a yam type of the first area being
including a second type of knit structure, the first type being different than a stitch type and a yarn type of the second area.
40
different than the second type. 15. The method recited in claim 11, further comprising
8. The article of footwear of claim 1, wherein the at least assembling the flat-knitted element into an article of foot-
one mechanically manipulated yarn includes a first yam and wear.
a different second yarn, the first yarn being located in a first 16. The method recited in claim 15, wherein the assem-
area of the upper, and the second yarn being located in a bling includes joining side edges of the first side portion and
45 the second side portion to form a seam extending under a
second area of the upper.
9. The article of footwear of claim 1, wherein the knitted
foot and along a longitudinal length of the foot.
element forms a defined shape having finished edges during 17. The method recited in claim 15, wherein the assem-
the flat knitting process. bling includes joining rear edges of the first side portion and
10. An article of footwear comprising an upper including
the second side portion to form a seam that extends upward
50 along a heel.
a flat-knitted element formed from at least one yarn
mechanically manipulated in a flat-knitting process, the 18. The method recited in claim 11, wherein the flat
flat-knitted element including a first layer and a second layer, knitting process includes forming a first loop of unitary
the first layer including: construction in the textile element.
a central portion having a domed, three-dimensional 19. The method recited in claim 18, further comprising
55 extending a lace element through the first loop.
structure configured for extending over the top of a
foot;
* * * * *
Case 1:23-cv-12666-JCB Document 1-9 Filed 11/06/23 Page 1 of 27
Exhibit 9
Case 1:23-cv-12666-JCB Document 1-9 Filed 11/06/23 Page 2 of 27
I 1111111111111111 11111 1111111111 11111 1111111111 1111111111 111111111111111111
US009907350B2
US 9,907,350 B2
Page 2
US 9,907,350 B2
Page 3
US 9,907,350 B2
Page 4
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US 9,907,350 B2
Page 5
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Case 1:23-cv-12666-JCB Document 1-9 Filed 11/06/23 Page 7 of 27
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US 9,907,350 B2
1 2
ARTICLE OF FOOTWEAR HAVING A include a tongue that extends under the lacing system to
TEXTILE UPPER enhance the comfort of the footwear, and the upper may
include a heel counter to limit movement of the heel.
CROSS-REFERENCE TO RELATED Various materials may be utilized in manufacturing the
APPLICATIONS 5 upper. The upper of an article of athletic footwear, for
example, may be formed from multiple material layers that
This application entitled "Article of Footwear Having A include an exterior layer, an intermediate layer, and an
Textile Upper" is a continuation of and claims priority to interior layer. The materials forming the exterior layer of the
U.S. patent application Ser. No. 15/610,089, filed May 31, upper may be selected based upon the properties of wear-
2017, which is a continuation of and claims priority to U.S. 10 resistance, flexibility, and air permeability, for example.
patent application Ser. No. 14/503,514, filed Oct. 1, 2014, With regard to the exterior layer, the toe area and the heel
which is a division of and claims priority to U.S. patent area may be formed of leather, synthetic leather, or a rubber
application Ser. No. 14/079,748, filed Nov. 14, 2013, which material to impart a relatively high degree of wear-resis-
is a continuation of and claims priority to U.S. patent tance. Leather, synthetic leather, and rubber materials may
application Ser. No. 13/413,233, filed Mar. 6, 2012, which is 15 not exhibit the desired degree of flexibility and air perme-
a continuation application of and claims priority to U.S. ability. Accordingly, various other areas of the exterior layer
patent application Ser. No. 13/236,742, filed Sep. 20, 2011, of the upper may be formed from a synthetic or natural
now U.S. Pat. No. 8,266,749, issued Sep. 18, 2012, which is textile. The exterior layer of the upper may be formed,
a continuation application of and claims priority to U.S. therefore, from numerous material elements that each impart
patent application Ser. No. 12/879,517, filed Sep. 10, 2010, 20 different properties to specific portions of the upper.
now U.S. Pat. No. 8,042,288, issued Oct. 25, 2011, which is An intermediate layer of the upper may be formed from
a continuation application of and claims priority to U.S. a lightweight polymer foam material that provides cushion-
patent application Ser. No. 12/032,995, filed Feb. 18, 2008, ing and protects the foot from objects that may contact the
now U.S. Pat. No. 7,814,598, issued Oct. 19, 2010, which is upper. Similarly, an interior layer of the upper may be
a divisional application of and claims priority to U.S. patent 25 formed of a moisture-wicking textile that removes perspi-
application Ser. No. 10/791,289, filed Mar. 3, 2004, now ration from the area immediately surrounding the foot. In
U.S. Pat. No. 7,347,011, issued Mar. 25, 2008, each of which some articles of athletic footwear, the various layers may be
applications are being entirely incorporated herein by ref- joined with an adhesive, and stitching may be utilized to join
erence. elements within a single layer or to reinforce specific areas
30 of the upper.
BACKGROUND Although the materials selected for the upper vary sig-
nificantly, textile materials often form at least a portion of
The present invention relates to footwear. The invention the exterior layer and interior layer. A textile may be defined
concerns, more particularly, an article of footwear incorpo- as any manufacture from fibers, filaments, or yams charac-
rating an upper that is at least partially formed from a textile 35 terized by flexibility, fineness, and a high ratio of length to
material. thickness. Textiles generally fall into two categories. The
first category includes textiles produced directly from webs
DESCRIPTION OF BACKGROUND ART of filaments or fibers by randomly interlocking to construct
non-woven fabrics and felts. The second category includes
Conventional articles of athletic footwear include two 40 textiles formed through a mechanical manipulation of yam,
primary elements, an upper and a sole structure. The upper thereby producing a woven fabric, for example.
provides a covering for the foot that securely receives and Yarn is the raw material utilized to form textiles in the
positions the foot with respect to the sole structure. In second category. In general, yarn is defined as an assembly
addition, the upper may have a configuration that protects having a substantial length and relatively small cross-section
the foot and provides ventilation, thereby cooling the foot 45 that is formed of at least one filament or a plurality of fibers.
and removing perspiration. The sole structure is secured to Fibers have a relatively short length and require spinning or
a lower surface of the upper and is generally positioned twisting processes to produce a yarn of suitable length for
between the foot and the ground. In addition to attenuating use in textiles. Common examples of fibers are cotton and
ground reaction forces and absorbing energy (i.e., imparting wool. Filaments, however, have an indefinite length and may
cushioning), the sole structure may provide traction and 50 merely be combined with other filaments to produce a yam
control potentially harmful foot motion, such as over pro- suitable for use in textiles. Modern filaments include a
nation. Accordingly, the upper and the sole structure operate plurality of synthetic materials such as rayon, nylon, poly-
cooperatively to provide a comfortable structure that is ester, and polyacrylic, with silk being the primary, naturally-
suited for a wide variety of ambulatory activities, such as occurring exception. Yarn may be formed of a single fila-
walking and running. The general features and configuration 55 ment, which is conventionally referred to as a monofilament
of the conventional upper are discussed in greater detail yarn, or a plurality of individual filaments grouped together.
below. Yam may also include separate filaments formed of different
The upper forms a void on the interior of the footwear for materials, or the yam may include filaments that are each
receiving the foot. The void has the general shape of the foot, formed of two or more different materials. Similar concepts
and access to the void is provided by an ankle opening. 60 also apply to yams formed from fibers. Accordingly, yarns
Accordingly, the upper extends over the instep and toe areas may have a variety of configurations that generally conform
of the foot, along the medial and lateral sides of the foot, and to the definition provided above.
around the heel area of the foot. A lacing system is often The various techniques for mechanically manipulating
incorporated into the upper to selectively increase the size of yarn into a textile include interweaving, intertwining and
the ankle opening and permit the wearer to modify certain 65 twisting, and interlooping. Interweaving is the intersection
dimensions of the upper, particularly girth, to accommodate of two yams that cross and interweave at right angles to each
feet with varying proportions. In addition, the upper may other. The yarns utilized in interweaving are conventionally
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US 9,907,350 B2
3 4
referred to as warp and weft. Intertwining and twisting machine. The textile element is removed from a textile
encompasses procedures such as braiding and knotting structure that includes an outline of the textile element, and
where yarns intertwine with each other to form a textile. the textile element has edges that are joined together to
Interlooping involves the formation of a plurality of colunms define at least a portion of a void for receiving a foot.
of intermeshed loops, with knitting being the most common 5 The advantages and features of novelty characterizing the
method of interlooping. present invention are pointed out with particularity in the
The textiles utilized in footwear uppers generally provide appended claims. To gain an improved understanding of the
a lightweight, air-permeable structure that is flexible and advantages and features of novelty, however, reference may
comfortably receives the foot. In order to impart other be made to the following descriptive matter and accompa-
properties to the footwear, including durability and stretch- 10 nying drawings that describe and illustrate various embodi-
resistance, additional materials are commonly combined ments and concepts related to the invention.
with the textile, including leather, synthetic leather, or
rubber, for example. With regard to durability, U.S. Pat. No. BRIEF DESCRIPTION OF THE DRAWINGS
4,447,967 to Zaino discloses an upper formed of a textile
material that has a polymer material injected into specific 15 The foregoing Summary of the Invention, as well as the
zones to reinforce the zones against abrasion or other forms following Detailed Description of the Invention, will be
of wear. Regarding stretch resistance, U.S. Pat. No. 4,813, better understood when read in conjunction with the accom-
158 to Brown and U.S. Pat. No. 4,756,098 to Boggia both panying drawings.
disclose a substantially inextensible material that is secured FIG. 1 is a lateral elevational view of an article of
to the upper, thereby limiting the degree of stretch in specific 20 footwear having an upper in accordance with the present
portions of the upper. invention.
From the perspective of manufacturing, utilizing multiple FIG. 2 is a lateral elevation view of the upper.
materials to impart different properties to an article of FIG. 3 is a top plan view of the upper.
footwear may be an inefficient practice. For example, the FIG. 4 is a rear elevational view of the upper.
various materials utilized in a conventional upper are not 25 FIG. 5 is a bottom plan view of the upper.
generally obtained from a single supplier. Accordingly, a FIG. 6 is a first cross-sectional view of the upper, as
manufacturing facility must coordinate the receipt of spe- defined by section line 6-6 in FIG. 2.
cific quantities of materials with multiple suppliers that may FIG. 7 is a second cross-sectional view of the upper, as
have distinct business practices or may be located in differ- defined by section line 7-7 in FIG. 2.
ent regions or countries. The various materials may also 30 FIG. 8 is a plan view of a textile element that forms at
require additional machinery or different assembly line least a portion of the upper.
techniques to cut or otherwise prepare the material for FIG. 9 is a perspective view of a textile structure that
incorporation into the footwear. In addition, incorporating incorporates two of the textile element.
separate materials into an upper may involve a plurality of FIG. 10 is a plan view of another textile element.
distinct manufacturing steps requiring multiple individuals. 35 FIG. 11 is a plan view of yet another textile element.
Employing multiple materials, in addition to textiles, may FIG. 12 is a lateral elevational view of another article of
also detract from the breathability of footwear. Leather, footwear having an upper in accordance with the present
synthetic leather, or rubber, for example, are not generally invention.
permeable to air. Accordingly, positioning leather, synthetic FIG. 13 is a lateral elevational view of yet another article
leather, or rubber on the exterior of the upper may inhibit air 40 of footwear having an upper in accordance with the present
flow through the upper, thereby increasing the amount of invention.
perspiration, water vapor, and heat trapped within the upper FIG. 14 is a cross-sectional view of the footwear depicted
and around the foot. in FIG. 13, as defined by section line 14-14.
The present invention is an upper for an article of foot-
wear, the upper incorporating a textile element formed with 45 DETAILED DESCRIPTION
a knitting machine, for example. In one aspect of the
invention, the textile element has edges that are joined The following discussion and accompanying figures dis-
together to define at least a portion of a void for receiving a close an article of footwear 10 and a method of manufac-
foot. In another aspect of the invention, the textile element turing footwear 10, or components thereof, in accordance
has a first area and a second area of unitary construction. The 50 with the present invention. Footwear 10 is depicted in the
first area is formed of a first stitch configuration, and the figures and discussed below as having a configuration that is
second area is formed of a second stitch configuration that suitable for athletic activities, particularly running. The
is different from the first stitch configuration to impart concepts disclosed with respect to footwear 10 may, how-
varying textures to a surface of the textile element. The ever, be applied to footwear styles that are specifically
knitting machine may have a configuration that forms the 55 designed for a variety of other athletic activities, including
textile element through either warp knitting or weft knitting. basketball, baseball, football, soccer, walking, and hiking,
Another aspect of the invention involves a method of for example, and may also be applied to various non-athletic
manufacturing an article of footwear. The method includes footwear styles. Accordingly, one skilled in the relevant art
a step of mechanically manipulating a yarn with a circular will recognize that the concepts disclosed herein may be
knitting machine, for example, to form a cylindrical textile 60 applied to a wide range of footwear styles and are not limited
structure. In addition, the method involves removing at least to the specific embodiments discussed below and depicted in
one textile element from the textile structure, and incorpo- the figures.
rating the textile element into an upper of the article of The primary elements of footwear 10 are depicted in FIG.
footwear. 1 as being a sole structure 20 and an upper 30. Sole structure
In another aspect of the invention, an article of footwear 65 20 is secured to a lower portion of upper 30 and provides a
has an upper and a sole structure secured to the upper. The durable, wear-resistant component that imparts cushioning
upper incorporates a textile element formed with a knitting as footwear 10 impacts the ground. Upper 30 is at least
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US 9,907,350 B2
5 6
partially formed from a textile element 40 that defines an removed from the larger textile element and various edges of
interior void for comfortably receiving a foot and securing textile element 40 are secured together to form the shape of
a position of the foot relative to sole structure 20. Various upper 30. A plurality of seams 51-54 are formed, therefore,
edges of textile element 40 are then secured together to form when joining the edges of the textile element. Seam 51
the shape of upper 30. In some embodiments, textile element 5 extends along the longitudinal length oflower region 34 and
40 may form substantially all of upper 30, or textile element is centrally-located with respect to lateral region 31 and
40 may only be a portion of an upper. medial region 32. Seam 52 is also centrally-located and
Sole structure 20 has a generally conventional configu- extends upward along heel region 35. A seam 53 is posi-
ration that includes a midsole 21 and an outsole 22. Midsole tioned in a forefoot area of upper 30 and joins a portion of
21 is secured to a lower portion of upper 30 and is formed 10 lower region 34 with both of lateral region 31 and medial
of a polymer foam material, such as ethylvinylacetate or region 32. In addition, a seam 54 is positioned in a rear area
polyurethane. Accordingly, midsole 21 attenuates ground of upper 30 and joins a portion oflower region 34 with heel
reaction forces and absorbs energy (i.e., provides cushion- region 35.
ing) as sole structure 20 impacts the ground. To enhance the Textile element 40 exhibits the general shape depicted in
force attenuation and energy absorption characteristics of 15 FIG. 8 prior to the formation of seams 51-54. Following
sole structure 20, midsole 21 may incorporate a fluid-filled formation of seams 51-54, however, textile element 40
bladder, as disclosed in U.S. Pat. Nos. 4,183,156 and 4,219, exhibits the shape of upper 30 depicted in FIGS. 2-7. Seams
945 to Rudy. Alternately or in combination, midsole 21 may 51-54 are formed by securing various edges of textile
incorporate a plurality of discrete, columnar support ele- element 40 together. More specifically, (1) seam 51 is
ments, as disclosed in U.S. Pat. Nos. 5,343,639 and 5,353, 20 formed by securing an edge 41 a with an edge 41b; (2) seam
523 to Kilgore et al. Outsole 22 is secured to a lower surface 52 is formed by securing an edge 42a with an edge 42b; (3)
ofmidsole 21 and may be formed from carbon black rubber a first portion of seam 53 is formed by securing an edge 43a
compound to provide a durable, wear-resistant surface for with an edge 43b; (4) a second portion of seam 53 is formed
engaging the ground. Outsole 22 may also incorporate a by securing an edge 43c with an edge 43d; (5) a first portion
textured lower surface to enhance the fraction characteristics 25 of seam 54 is formed by securing an edge 44a with an edge
of footwear 10. In addition, footwear 10 may include an 44b; and (6) a second portion of seam 54 is formed by
insole (not depicted), which is a relatively thin, cushioning securing an edge 44c with an edge 44d. Referring to FIG. 8,
member located within upper 30 and adjacent to a plantar the positions of regions 31-35 and ankle opening 36 are
surface of the foot for enhancing the comfort of footwear 10. identified to provide a frame of reference relating to the
Sole structure 20 is described above as having the ele- 30 various portions of textile element 40.
ments of a conventional sole structure for athletic footwear. In order to join edges 41a and 41b to form seam 51, textile
Other footwear styles, including, dress shoes and boots, for element 40 is folded or otherwise overlapped such that edge
example, may have other types of conventional sole struc- 41a is placed adjacent to edge 41b. Stitching, an adhesive,
tures specifically tailored for use with the respective types of or heat bonding, for example, is then utilized to secure edge
footwear. In addition to a conventional configuration, how- 35 41a and edge 41b. Textile element 40, as depicted in FIG. 8,
ever, sole structure 20 may also exhibit a unique, non- has a generally planar configuration. Upon the formation of
conventional structure. Accordingly, the particular configu- seam 51, however, one portion of textile element 40 overlaps
ration of sole structure 20 may vary significantly within the the other portion of textile element 40. The volume between
scope of the present invention to include a wide range of the overlapping portions effectively forms a portion of the
configurations, whether conventional or non-conventional. 40 void within upper 30 for receiving the foot.
Upper 30 is depicted in FIGS. 2-7 as having a lateral The folding or overlapping of textile element 40 to form
region 31, an opposite medial region 32, an instep region 33, seam 51 places edge 42a adjacent to edge 42b, which
a lower region 34, and a heel region 35. Lateral region 31 facilitates the formation of seam 52. With reference to FIG.
extends through a longitudinal length of footwear 10 and is 8, an edge 45 forms a generally u-shaped area in textile
generally configured to contact and cover a lateral side of the 45 element 40. Upon the joining of edges 42a and 42b to form
foot. Medial region 32 has a similar configuration that seam 52, the u-shaped area becomes an aperture in textile
generally corresponds with a medial side of the foot. Instep element 40 and effectively forms ankle opening 36. Each of
region 33 is positioned between lateral region 31 and medial edges 43a-43d and edges 44a-44d are formed from a gen-
region 32, and instep region 33 extends over an instep area erally v-shaped area of textile element 40. Accordingly,
of the foot. Lower region 34 forms a bottom surface of upper 50 seams 53 and 54 may be formed by closing the v-shaped
30 and also extends through the longitudinal length of areas and securing the various edges together.
footwear 10. Heel region 35 forms a rear portion of upper 30 Following the formation of each of seams 51-54, the
and is generally configured to contact and cover a heel area manufacturing of upper 30 is essentially complete. Various
of the foot. In addition, lateral region 31, medial region 32, finishing steps may be performed, such as reinforcing ankle
instep region 33, and heel region 35 cooperatively define an 55 opening 36, for example. Upper 30 (i.e., textile element 40)
ankle opening 36 for providing the foot with access to the is then secured to sole structure 20, with an adhesive, for
void within upper 30. example. The insole is then placed into the void within upper
Upper 30 is at least partially formed from textile element 30 and adjacent to lower region 34. In some embodiments,
40, which forms regions 31-35, and may also include laces various reinforcing members may be added to the exterior or
or other elements associated with a conventional upper for 60 interior surface of upper 20 in order to limit the degree of
footwear. Textile element 40 is a single material element that stretch in upper 20 or provide enhanced wear-resistance. In
is formed to exhibit a unitary (i.e., one-piece) construction, addition, a lacing system may be added to provide adjust-
and textile element 40 is formed or otherwise shaped to ability.
extend around the foot. As depicted in FIGS. 2-7, textile Textile element 40 is a single material element with a
element 40 forms both an exterior surface and an interior 65 unitary construction, as discussed above. As defined for
surface of upper 30. Textile element 40 may be formed as a purposes of the present invention, unitary construction is
part of a larger textile element. Textile element 40 is then intended to express a configuration wherein portions of a
Case 1:23-cv-12666-JCB Document 1-9 Filed 11/06/23 Page 24 of 27
US 9,907,350 B2
7 8
textile element are not joined together by seams or other textile structure 60 so that a pattern is formed with the
connections, as depicted with textile element 40 in FIG. 8. outline of textile element 40. That is, differences in the
Although the various edges 4la-44d are joined together to stitches within textile structure 60 form an outline with the
form seams 51-54, the various portions of textile element 40 shape and proportions of textile element 40.
are formed as an unitary element without seams, as dis- 5 The Santoni S.p.A. wide-tube circular knitting machine
cussed below. may form a textile structure having a diameter that ranges
Textile element 40 is primarily formed from one or more from 10 inches to 16 inches, as discussed above. Assuming
yarns that are mechanically-manipulated through either an that textile structure 60 exhibits a diameter of 10 inches, then
interweaving, intertwining and twisting, or interlooping pro- the circumference of textile structure 60 is approximately 31
cess, for example. As discussed in the Background of the 10 inches. In many circumstances, the total width of textile
Invention section above, interweaving is the intersection of element 40 will be approximately 12 inches, depending
two yarns that cross and interweave at right angles to each upon the size of footwear 10. The outlines for at least two
other. The yarns utilized in interweaving are conventionally textile elements 40 may, therefore, be formed on textile
referred to as warp and weft. Intertwining and twisting structure 60. Referring to FIG. 9, the outline of textile
encompasses procedures such as braiding and knotting 15 element 40 is depicted on a front portion of textile structure
where yarns intertwine with each other to form a textile. 60, and the outline of another textile element 40 is depicted
Interlooping involves the formation of a plurality of colunms on a rear portion of textile structure 60. Accordingly, a first
of intermeshed loops, with knitting being the most common textile element 40 and a second textile element 40 may be
method of interlooping. Textile element 40 may, therefore, simultaneously formed in a single textile structure 60. As the
be formed from one of these processes for manufacturing a 20 diameter of textile element 60 is increased or the width of
textile. textile element 40 decreases, however, an even greater
A variety of mechanical processes have been developed to number of textile elements 40 may be outlined on textile
manufacture a textile. In general, the mechanical processes structure 60.
may be classified as either warp knitting or weft knitting. Textile structure 60 may be formed with a wide-tube
With regard to warp knitting, various specific sub-types that 25 circular knitting machine, as discussed above. The types of
may be utilized to manufacture a textile include tricot, stitches that form textile structure 60 may be varied to form
raschel, and double needle-bar raschel (which further an outline of one or more textile elements 40 on textile
includes jacquard double needle-bar raschel). With regard to structure 60. That is, the wide-tube circular knitting machine
weft knitting, various specific sub-types that may be utilized may be programmed to form different types of stitches in
to manufacture a textile include circular knitting and flat 30 textile structure 60 so as to outline one or more textile
knitting. Various types of circular knitting include sock elements 40. Each textile element 40 is then removed from
knitting (narrow tube), body garment (seamless or wide textile structure 60 with a die-cutting, laser-cutting, or other
tube), and jacquard. conventional cutting operation. Once textile element 40 is
Textile element 40 may be formed through any of the removed from textile structure 60, seams 51-54 may be
mechanical processes discussed above. Accordingly, textile 35 formed and textile element 40 may be incorporated into
element 40 may be formed on either a warp knitting machine footwear 10.
or a weft knitting machine. One suitable knitting machine The yarn forming textile element 40 may be generally
for forming textile element 40 is a wide-tube circular knit defined as an assembly having a substantial length and
jacquard machine. Another suitable knitting machine for relatively small cross-section that is formed of at least one
forming textile element 40 is a wide-tube circular knitting 40 filament or a plurality of fibers. Fibers have a relatively short
machine that is produced in the Lonati Group by Santoni length and require spinning or twisting processes to produce
S.p.A. of Italy under the SM8 TOPI model number. This a yarn of suitable length for use in an interlooping process.
Santoni S.p.A. wide-tube circular knitting machine may Common examples of fibers are cotton and wool. Filaments,
form a textile structure having a diameter that ranges from however, have an indefinite length and may merely be
10 inches to 20 inches, with 8 feeds for each diameter. The 45 combined with other filaments to produce a yarn suitable for
machine exhibits a maximum 140 revolutions per minute for use in an interloping process. Modern filaments include a
10 inch diameters, and a maximum 120 revolutions per plurality of synthetic materials such as rayon, nylon, poly-
minute for 13 inch diameters. Furthermore, the machine ester, and acrylic, with silk being the primary, naturally-
gauge is variable between 16, 22, 24, 26, 28, and 32 needles occurring exception. Yarn may be formed of a single fila-
per inch, and is suitable for various needle gauges ranging 50 ment (conventionally referred to as a monofilament yarn) or
from 48 to 75. a plurality of individual filaments. Yarn may also be formed
A wide-tube circular knitting machine, as produced by of separate filaments formed of different materials, or the
Santoni S.p.A., forms a generally cylindrical textile structure yarn may be formed of filaments that are each formed of two
and is capable of forming various types of stitches within a or more different materials Similar concepts also apply to
single textile structure. In general, the wide-tube circular 55 yarns formed from fibers. Accordingly, yarns may have a
knitting machine may be programmed to alter the design on variety of configurations within the scope of the present
the textile structure through needle selection. That is, the invention that generally conform to the definition provided
type of stitch that is formed at each location on the textile above.
structure may be selected by prograniming the wide-tube In order to provide the stretch and recovery properties to
circular knitting machine such that specific needles either 60 upper 30, and particularly textile element 40, a yarn that
accept or do not accept yarn at each stitch location. In this incorporates an elastane fiber may be utilized. Elastane
manner, various patterns, textures, or designs may be selec- fibers are available from E.I. duPont de Nemours Company
tively and purposefully imparted to the textile structure. under the LYCRA trademark. Such fibers may have the
An example of a textile structure 60 that may be formed configuration of covered LYCRA, wherein the fiber includes
with a wide-tube circular knitting machine is depicted in 65 a LYCRA core that is surrounded by a nylon sheath. One
FIG. 9. Textile structure 60 has a generally cylindrical suitable yarn, for example, includes a 70 denier elastane core
configuration, and the types of stitches vary throughout that is covered with nylon having a 2 ply, 80 denier, 92
Case 1:23-cv-12666-JCB Document 1-9 Filed 11/06/23 Page 25 of 27
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filament structure. Other fibers or filaments exhibiting elas- includes a third texture 48". The different textures 46"-48"
tic properties may also be utilized. are formed by merely varying the type of stitch formed by
As discussed above, a yam that incorporates elastane the wide-tube circular knitting machine at each location of
fibers is suitable for textile element 40. A plurality of other textile element 40". Textures 46"-48" may exhibit aesthetic
yarns, whether elastic or inelastic, are also suitable for 5 differences, or the differences may be structural. For
textile element 40. The characteristics of the yam selected example, the degree of stretch in areas with textures 46"-48"
for textile element 40 depend primarily upon the materials may be different, or the wear resistance of the areas may
that form the various filaments and fibers. Cotton, for vary depending upon the stitch utilized. The air-permeability
example, provides a soft hand, natural aesthetics, and bio- of textile element 40" may also vary in the different areas.
degradability. Elastane fibers, as discussed above, provide 10 Third texture 48" is formed to include a plurality of aper-
substantial stretch and recoverability. Rayon provides high tures that extend through textile element 40". The apertures
luster and moisture absorption. Wool also provides high may be formed by omitting stitches at specific locations
moisture absorption, in addition to insulating properties. during the wide-tube circular knitting process, and the
Polytetrafluoroethylene coatings may provide a low friction apertures facilitate the transfer of air between the void
contact between the textile and the skin. Nylon is a durable 15 within upper 20 and the area outside of upper 20. Accord-
and abrasion-resistant material with high strength. Finally, ingly, the various stitches formed in textile element 40", or
polyester is a hydrophobic material that also provides rela- one of textile elements 40 or 40', may be utilized to vary the
tively high durability. Accordingly, the materials comprising texture, physical properties, or aesthetics of footwear 10
the yarn may be selected to impart a variety of physical within a single, unitary element of material.
properties to textile element 40, and the physical properties 20 In addition to varying the stitch types to form textures
may include, for example, strength, stretch, support, stiff- 46'-47' and 46"-48", the type of yam utilized in various areas
ness, recovery, fit, and form. of textile elements 40' and 40" may be changed to impart
Textile element 40 is depicted as having a generally different properties. As discussed above, yarn may be
smooth, non-varied stitch configuration. That is, similar formed from cotton, wool, elastane, rayon, nylon, and poly-
stitches are utilized throughout textile element 40 to impart 25 ester, for example. Each of these yam types may impart
a common texture to the various portions of textile element differing properties to the areas corresponding with textures
40. As discussed above, however, a wide-tube circular 46'-47' and 46"-48". For example, elastane may be utilized
knitting machine is generally capable of forming various to impart stretch, wool may be utilized for insulation, and
types of stitches within a single textile structure. The wide- nylon may be utilized for durability. Accordingly, different
tube circular knitting machine may, therefore, vary the 30 yarn types may be utilized to impart different properties. The
stitches within textile element 40 to produce various pat- types of knitting that may be utilized to form different zones
terns, designs, or textures, for example. Various types of with different properties (e.g., yarn characteristics, textures,
stitches may also be formed with other types of knitting etc.) may vary significantly to include the various warp
machines. With reference to FIG. 10, a textile element 40' knitting and weft knitting processes discussed earlier, such
with the general shape of textile element 40 is depicted as 35 as tricot, raschel, double needle-bar raschel, circular knit-
having various areas with different textures. For example, a ting, and flat knitting, for example.
central area that corresponds with instep region 33 has a first An article of footwear 110 is depicted in FIG. 12 and
texture 46' that is generally smooth. In addition, textile includes a sole structure 120 and an upper 130. Upper 130
element 40' includes a second texture 47' that is a plurality includes a textile element 140 having the general configu-
of longitudinal ribs. When incorporated into footwear 10, 40 ration of textile element 40. As with textile element 40,
the ribs will extend longitudinally along lateral region 31 textile element 140 forms both an exterior surface and an
and medial region 32, and the ribs may extend into heel interior surface of upper 130. In addition, upper 130 includes
region 35. The ribs may be present for aesthetic purposes, or a lace 131 and a plurality of elements 132-135 that also form
may affect the stretch properties of upper 20, for example. a portion of the exterior surface. Lace 131 extends through
Accordingly, textile element 40' exhibits areas with different 45 a plurality of apertures formed in textile element 140. The
textures in a single element of textile material. apertures may be formed by omitting stitches at specific
Many conventional articles of footwear incorporate locations. Element 132 is positioned in a forefoot area of
uppers with various material elements that each exhibit footwear 110 and may be formed of leather or rubber, for
different properties. For example, a first material element example, to provide additional wear-resistance. Element 133
may be smooth, and a second material element may be 50 extends around the ankle opening to reinforce and limit
textured. The first and second material elements are then stretch in the area of the ankle opening. Element 134 extends
stitched together to form a portion of the conventional upper. around the heel region to counter movement of the heel and
Textile element 40' also exhibits smooth and textured areas. seat the heel above sole structure 120. Furthermore, ele-
In contrast with the conventional upper, however, first ments 135 are substantially inextensible strips of material,
texture 46' and second texture 47' are incorporated into a 55 such as leather or synthetic leather, that limit stretch on the
single, unitary element of textile, rather than two separate lateral side of footwear 110. Whereas upper 30 was almost
elements that are stitched or otherwise joined together. exclusively formed by textile element 40, upper 130 also
A textile structure 40" is depicted in FIG. 11 and has the includes lace 131 and elements 132-135. Accordingly, an
general shape of both textile element 40 and textile element upper in accordance with the present invention may incor-
40'. Textile element 40" includes areas with three different 60 porate a plurality of additional components.
textures. A first texture 46" is generally smooth and has the Another article of footwear 210 is depicted in FIGS.
configuration of various strips that extends laterally across 13-14 and includes a sole structure 220 and an upper 230.
areas corresponding with lateral region 31, medial region 32, Upper 230 includes a textile element 240 that forms an
and instep region 33. Various portions of textile element 40" interior layer. In addition, upper 230 includes an intermedi-
also include a second texture 47", which is generally rough 65 ate layer 250 and an exterior layer 260. As discussed in the
in comparison with first texture 46". In addition, the area of Background of the Invention section above, the upper of a
textile element 40" corresponding with instep region 33 conventional article of footwear may be formed from mu!-
Case 1:23-cv-12666-JCB Document 1-9 Filed 11/06/23 Page 26 of 27
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11 12
tiple material layers that include an exterior layer, an inter- concepts related to the invention, not to limit the scope of the
mediate layer, and an interior layer. The materials forming invention. One skilled in the relevant art will recognize that
the exterior layer of the upper may be selected based upon numerous variations and modifications may be made to the
the properties of wear-resistance, flexibility, and air perme- embodiments described above without departing from the
ability, for example. The intermediate layer of the upper may 5 scope of the present invention, as defined by the appended
be formed from a lightweight polymer foam material that claims.
provides cushioning and protects the foot from objects that What is claimed is:
may contact the upper. Similarly, an interior layer of the 1. An upper for an article of footwear, the upper com-
upper may be formed of a moisture-wicking textile that prising:
removes perspiration from the area immediately surround- 10 a flat knit textile element having (1) flat knit edges free of
ing the foot. surrounding textile structure such that the flat knit
Upper 230 has a configuration that is similar to the edges are not surrounded by textile structure from
configuration of the conventional upper in that various which the flat knit textile element must be removed,
material layers are utilized. In contrast with the conventional and (2) a plurality of apertures formed by omitting
upper, however, the interior layer is formed of textile ele- 15 stitches in a first portion of the flat knit textile element
ment 240, which is manufactured through the process dis- defining a forefoot region of the upper;
cussed above. That is, textile element 240 is a single element a non-textile element secured to a second portion of the
of textile that forms the interior layer of upper 230. A benefit flat knit textile element defining the heel region of the
to utilizing textile element 240 for the interior layer is that upper; and
textile element 240 includes few seams that may contact the 20 one or more strips of non-textile material secured to a
foot. In addition, the stitches utilized at various locations of third portion of the flat knit textile element on a lateral
textile element 240 may modify the texture of the interior side of the upper.
surface of upper 230, thereby limiting the degree of slip that 2. The upper of claim 1, wherein the plurality of apertures
occurs between the foot and upper 230 or enhancing the formed by omitting stitches facilitate transfer of air between
air-permeability of upper 230 in specific locations. 25 a void within the upper and an area outside of the upper.
Various warp knitting or weft knitting processes may be 3. The upper of claim 1, wherein the one or more strips of
utilized to form textile element 40, or the various other non-textile material comprise less stretch capabilities than
textile elements discussed above. An advantage of this the flat knit textile element.
process is that various stitches may be incorporated into 4. The upper of claim 1, wherein the one or more strips
specific locations of textile element 40 to modify the physi- 30 comprise a leather material or synthetic leather material.
cal properties or aesthetics of textile element 40. Whereas a 5. The upper of claim 1, wherein the one or more strips
conventional upper includes various elements that stitched comprise at least two strips of varying lengths.
or adhesively joined, textile element 40 is a single, unitary 6. The upper of claim 1, wherein the one or more strips
element of material. From the perspective of manufacturing, comprise a plurality of strips that are parallel to one another.
utilizing multiple materials to impart different properties to 35 7. The upper of claim 1, wherein the one or more strips are
an article of footwear may be an inefficient practice. By in a mid-foot region of the upper on the lateral side.
forming textile element 40 to be a single, unitary element of 8. The upper of claim 1, wherein the one or more strips
material, however, efficiency is increased in that upper 20 extend longitudinally such that the one or more strips each
may include a single textile element, rather than numerous comprise a first end extending toward the forefoot region
joined elements. 40 and a second end extending toward the heel region.
A variety of knitting processes may be utilized to form 9. An article of footwear comprising:
textile element 40, as discussed above. As a specific an upper comprising:
example, a jacquard double needle-bar raschel knitting a flat knit textile element having (1) flat knit edges free of
machine may be utilized to form a flat textile structure, and surrounding textile structure such that the flat knit
may also be utilized to form the textile structure to have the 45 edges are not surrounded by textile structure from
configuration of a spacer mesh textile. Unlike textile struc- which the flat knit textile element must be removed,
ture 60, which exhibits a generally cylindrical configuration, and (2) a plurality of apertures formed by omitting
the textile structure formed with the jacquard double needle- stitches in a first portion of the flat knit textile element
bar raschel knitting machine will have a flat configuration. defining a forefoot region of the upper;
Like textile structure 60, however, an outline of a textile 50 a non-textile element secured to a second portion of the
element may be imparted to the textile structure formed with flat knit textile element defining the heel region of the
the jacquard double needle-bar raschel knitting machine. upper; and
That is, differences in the stitches within the textile structure one or more strips of non-textile material secured to a
may form an outline with the shape and proportions of the third portion of the flat knit textile element on a lateral
intended textile element. Accordingly, the textile element 55 side of the upper; and
may be removed from the textile structure and incorporated a sole structure secured to the upper.
into footwear 10. In addition, the jacquard double needle-bar 10. The article of claim 9, wherein the plurality of
raschel knitting machine may be utilized to impart various apertures formed by omitting stitches facilitate transfer of air
textures, different properties, or different yarn types to the between a void within the upper and an area outside of the
textile element. Similarly, other types of knitting, such as flat 60 upper.
knitting, may be utilized within the scope of the present 11. The article of claim 9, wherein the one or more strips
invention to impart various textures, different properties, or of non-textile material comprise less stretch capabilities than
different yarn types to the textile element. the flat knit textile element.
The present invention is disclosed above and in the 12. The article of claim 9, wherein the one or more strips
accompanying drawings with reference to a variety of 65 comprise a leather material or synthetic leather material.
embodiments. The purpose served by the disclosure, how- 13. The article of claim 9, wherein the one or more strips
ever, is to provide an example of the various features and comprise at least two strips parallel to one another.
Case 1:23-cv-12666-JCB Document 1-9 Filed 11/06/23 Page 27 of 27
US 9,907,350 B2
13 14
14. The article of claim 9, wherein the one or more strips
comprise at least two strips of varying lengths.
15. The article of claim 9, wherein the one or more strips
are in a mid-foot region of the upper on the lateral side.
16. The article of claim 9, wherein the one or more strips 5
extend longitudinally such that the one or more strips each
comprise a first end extending toward the forefoot region
and a second end extending toward the heel region.
* * * * *
Case 1:23-cv-12666-JCB Document 1-10 Filed 11/06/23 Page 1 of 27
Exhibit 10
Case 1:23-cv-12666-JCB Document 1-10 Filed 11/06/23 Page 2 of 27
I 1111111111111111 11111 1111111111 1111111111 111111111111111 111111111111111111
US009918511B2
(65) Prior Publication Data Burall, P., "CoID Design Awards", Design, Jun. 1969,4 pages.
(Continued)
US 2017 /0325535 Al Nov. 16, 2017
Primary Examiner - Marie Bays
Related U.S. Application Data
(74) Attorney, Agent, or Firm - Shook, Hardy & Bacon
(60) Continuation of application No. 15/610,089, filed on L.L.P.
May 31, 2017, which is a continuation of application
(Continued) (57) ABSTRACT
An article of footwear and a method of manufacturing the
(51) Int. Cl. article of footwear are disclosed. The footwear may include
A43B 1104 (2006.01) an upper and a sole structure. The upper incorporates a
A43B 9102 (2006.01) textile element with edges that are joined together to define
(Continued) at least a portion of a void for receiving a foot. The textile
element may have a first area with a first property and a
(52) U.S. Cl. second area with a second property. Various warp or weft
CPC ................ A43B 1104 (2013.01); A43B 71085 knitting processes, including flat knitting, may be utilized to
(2013.01); A43B 9102 (2013.01); A43B 231021 form the textile element.
(2013.01);
(Continued) 20 Claims, 12 Drawing Sheets
41b
4 b 4 a
Case 1:23-cv-12666-JCB Document 1-10 Filed 11/06/23 Page 3 of 27
US 9,918,511 B2
Page 2
US 9,918,511 B2
Page 3
US 9,918,511 B2
Page 4
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Mandatory Notice Information filed Feb. 28, 2013, in IPR2013- Review IPR2017-00263.
00067. Patent Owner Corrected Preliminary Response Under 37 C.F.R. §
Patent Owner's Preliminary Response to Petition filed Feb. 28, 42.107 for Inter Partes Review IPR2017-00263 dated Mar. 27,
2013, in IPR2013-00067. 2017, 24 pages.
Case 1:23-cv-12666-JCB Document 1-10 Filed 11/06/23 Page 6 of 27
US 9,918,511 B2
Page 5
US 9,918,511 B2
Page 6
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Patent Owner's Objections to Admissibility of Evidence Served R-H Websters Dictionary Excerpt dated Aug. 19, 2013, in IPR2013-
With Petitioner's Reply to Patent Owner's Response Pursuant to 37 00067.
C.F.R. § 42.64(b) for Inter Partes Review IPR2016-00921 dated Edward C. Frederick, Ph.D Deposition Errata Sheet dated Aug. 29,
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Petitioner's Updated Mandatory Notices Pursuant to 37 C.F.R. § Exhibit 2017 dated Dec. 11, 2013, in IPR2013-00067.
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With Petitioner's Reply to Patent Owner's Response Pursuant to 37 Exhibit 2022 dated Jan. 7, 2014, in IPR2013-00067.
C.F.R. § 42.64(b) for Inter Partes Review IPR2016-00922 dated Exhibit 2023 dated Jan. 7, 2014, in IPR2013-00067.
Apr. 28, 2017, 4 pages. Exhibit 3001 dated Apr. 28, 2014, in IPR2013-00067.
Transcript of Declaration of Lenny M. Holden for Inter Partes Exhibit 3002 dated Apr. 28, 2014, in IPR2013-00067.
Review IPR2016-00921 dated Jan. 10, 2017, 226 pages, and sub- Form PTO SB 42 dated Nov. 28, 2012, in IPR2013-00067.
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Exhibit 2004 to the Patent Owner Response Under 37 C.F.R. § Order-Conduct of the Proceeding-37 CFR 42.5 dated Aug. 2,
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Review IPR2016-00921 dated Jan. 23, 2017, 64 pages. Motion to Amend dated Aug. 19, 2013, in IPR2013-00067.
Patent Owner Response Under 37 C.F.R. § 42.120 for Inter Partes Patent Owner Exhibit List dated Aug. 19, 2013, in IPR2013-00067.
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Mandatory Notice Information (Addition of Back-Up Counsel) IPR2013-00067.
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Motion to Exclude Evidence dated Jan. 28, 2014, in IPR2013- Petitioner Opposition to Patent Owner Motion to Amend dated Nov.
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Case 1:23-cv-12666-JCB Document 1-10 Filed 11/06/23 Page 8 of 27
US 9,918,511 B2
Page 7
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Case 1:23-cv-12666-JCB Document 1-10 Filed 11/06/23 Page 9 of 27
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1 2
ARTICLE OF FOOTWEAR HAVING A include a tongue that extends under the lacing system to
TEXTILE UPPER enhance the comfort of the footwear, and the upper may
include a heel counter to limit movement of the heel.
CROSS-REFERENCE TO RELATED Various materials may be utilized in manufacturing the
APPLICATIONS 5 upper. The upper of an article of athletic footwear, for
example, may be formed from multiple material layers that
This application entitled "Article of Footwear Having A include an exterior layer, an intermediate layer, and an
Textile Upper" is a continuation of and claims priority to interior layer. The materials forming the exterior layer of the
U.S. patent application Ser. No. 15/610,089, filed May 31, upper may be selected based upon the properties of wear-
2017, which is a continuation of and claims priority to U.S. 10 resistance, flexibility, and air permeability, for example.
patent application Ser. No. 14/503,514, filed Oct. 1, 2014, With regard to the exterior layer, the toe area and the heel
which is a division of and claims priority to U.S. patent area may be formed of leather, synthetic leather, or a rubber
application Ser. No. 14/079,748, filed Nov. 14, 2013, which material to impart a relatively high degree of wear-resis-
is a continuation of and claims priority to U.S. patent tance. Leather, synthetic leather, and rubber materials may
application Ser. No. 13/413,233, filed Mar. 6, 2012, which is 15 not exhibit the desired degree of flexibility and air perme-
a continuation application of and claims priority to U.S. ability. Accordingly, various other areas of the exterior layer
patent application Ser. No. 13/236,742, filed Sep. 20, 2011, of the upper may be formed from a synthetic or natural
now U.S. Pat. No. 8,266,749, issued Sep. 18, 2012, which is textile. The exterior layer of the upper may be formed,
a continuation application of and claims priority to U.S. therefore, from numerous material elements that each impart
patent application Ser. No. 12/879,517, filed Sep. 10, 2010, 20 different properties to specific portions of the upper.
now U.S. Pat. No. 8,042,288, issued Oct. 25, 2011, which is An intermediate layer of the upper may be formed from
a continuation application of and claims priority to U.S. a lightweight polymer foam material that provides cushion-
patent application Ser. No. 12/032,995, filed Feb. 18, 2008, ing and protects the foot from objects that may contact the
now U.S. Pat. No. 7,814,598, issued Oct. 19, 2010, which is upper. Similarly, an interior layer of the upper may be
a divisional application of and claims priority to U.S. patent 25 formed of a moisture-wicking textile that removes perspi-
application Ser. No. 10/791,289, filed Mar. 3, 2004, now ration from the area immediately surrounding the foot. In
U.S. Pat. No. 7,347,011, issued Mar. 25, 2008, each of which some articles of athletic footwear, the various layers may be
applications are being entirely incorporated herein by ref- joined with an adhesive, and stitching may be utilized to join
erence. elements within a single layer or to reinforce specific areas
30 of the upper.
BACKGROUND Although the materials selected for the upper vary sig-
nificantly, textile materials often form at least a portion of
The present invention relates to footwear. The invention the exterior layer and interior layer. A textile may be defined
concerns, more particularly, an article of footwear incorpo- as any manufacture from fibers, filaments, or yams charac-
rating an upper that is at least partially formed from a textile 35 terized by flexibility, fineness, and a high ratio of length to
material. thickness. Textiles generally fall into two categories. The
first category includes textiles produced directly from webs
DESCRIPTION OF BACKGROUND ART of filaments or fibers by randomly interlocking to construct
non-woven fabrics and felts. The second category includes
Conventional articles of athletic footwear include two 40 textiles formed through a mechanical manipulation of yam,
primary elements, an upper and a sole structure. The upper thereby producing a woven fabric, for example.
provides a covering for the foot that securely receives and Yarn is the raw material utilized to form textiles in the
positions the foot with respect to the sole structure. In second category. In general, yarn is defined as an assembly
addition, the upper may have a configuration that protects having a substantial length and relatively small cross-section
the foot and provides ventilation, thereby cooling the foot 45 that is formed of at least one filament or a plurality of fibers.
and removing perspiration. The sole structure is secured to Fibers have a relatively short length and require spinning or
a lower surface of the upper and is generally positioned twisting processes to produce a yarn of suitable length for
between the foot and the ground. In addition to attenuating use in textiles. Common examples of fibers are cotton and
ground reaction forces and absorbing energy (i.e., imparting wool. Filaments, however, have an indefinite length and may
cushioning), the sole structure may provide traction and 50 merely be combined with other filaments to produce a yam
control potentially harmful foot motion, such as over pro- suitable for use in textiles. Modern filaments include a
nation. Accordingly, the upper and the sole structure operate plurality of synthetic materials such as rayon, nylon, poly-
cooperatively to provide a comfortable structure that is ester, and polyacrylic, with silk being the primary, naturally-
suited for a wide variety of ambulatory activities, such as occurring exception. Yarn may be formed of a single fila-
walking and running. The general features and configuration 55 ment, which is conventionally referred to as a monofilament
of the conventional upper are discussed in greater detail yarn, or a plurality of individual filaments grouped together.
below. Yam may also include separate filaments formed of different
The upper forms a void on the interior of the footwear for materials, or the yam may include filaments that are each
receiving the foot. The void has the general shape of the foot, formed of two or more different materials. Similar concepts
and access to the void is provided by an ankle opening. 60 also apply to yams formed from fibers. Accordingly, yarns
Accordingly, the upper extends over the instep and toe areas may have a variety of configurations that generally conform
of the foot, along the medial and lateral sides of the foot, and to the definition provided above.
around the heel area of the foot. A lacing system is often The various techniques for mechanically manipulating
incorporated into the upper to selectively increase the size of yarn into a textile include interweaving, intertwining and
the ankle opening and permit the wearer to modify certain 65 twisting, and interlooping. Interweaving is the intersection
dimensions of the upper, particularly girth, to accommodate of two yams that cross and interweave at right angles to each
feet with varying proportions. In addition, the upper may other. The yarns utilized in interweaving are conventionally
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referred to as warp and weft. Intertwining and twisting machine. The textile element is removed from a textile
encompasses procedures such as braiding and knotting structure that includes an outline of the textile element, and
where yarns intertwine with each other to form a textile. the textile element has edges that are joined together to
Interlooping involves the formation of a plurality of colunms define at least a portion of a void for receiving a foot.
of intermeshed loops, with knitting being the most common 5 The advantages and features of novelty characterizing the
method of interlooping. present invention are pointed out with particularity in the
The textiles utilized in footwear uppers generally provide appended claims. To gain an improved understanding of the
a lightweight, air-permeable structure that is flexible and advantages and features of novelty, however, reference may
comfortably receives the foot. In order to impart other be made to the following descriptive matter and accompa-
properties to the footwear, including durability and stretch- 10 nying drawings that describe and illustrate various embodi-
resistance, additional materials are commonly combined ments and concepts related to the invention.
with the textile, including leather, synthetic leather, or
rubber, for example. With regard to durability, U.S. Pat. No. BRIEF DESCRIPTION OF THE DRAWINGS
4,447,967 to Zaino discloses an upper formed of a textile
material that has a polymer material injected into specific 15 The foregoing Summary of the Invention, as well as the
zones to reinforce the zones against abrasion or other forms following Detailed Description of the Invention, will be
of wear. Regarding stretch resistance, U.S. Pat. No. 4,813, better understood when read in conjunction with the accom-
158 to Brown and U.S. Pat. No. 4,756,098 to Boggia both panying drawings.
disclose a substantially inextensible material that is secured FIG. 1 is a lateral elevational view of an article of
to the upper, thereby limiting the degree of stretch in specific 20 footwear having an upper in accordance with the present
portions of the upper. invention.
From the perspective of manufacturing, utilizing multiple FIG. 2 is a lateral elevation view of the upper.
materials to impart different properties to an article of FIG. 3 is a top plan view of the upper.
footwear may be an inefficient practice. For example, the FIG. 4 is a rear elevational view of the upper.
various materials utilized in a conventional upper are not 25 FIG. 5 is a bottom plan view of the upper.
generally obtained from a single supplier. Accordingly, a FIG. 6 is a first cross-sectional view of the upper, as
manufacturing facility must coordinate the receipt of spe- defined by section line 6-6 in FIG. 2.
cific quantities of materials with multiple suppliers that may FIG. 7 is a second cross-sectional view of the upper, as
have distinct business practices or may be located in differ- defined by section line 7-7 in FIG. 2.
ent regions or countries. The various materials may also 30 FIG. 8 is a plan view of a textile element that forms at
require additional machinery or different assembly line least a portion of the upper.
techniques to cut or otherwise prepare the material for FIG. 9 is a perspective view of a textile structure that
incorporation into the footwear. In addition, incorporating incorporates two of the textile element.
separate materials into an upper may involve a plurality of FIG. 10 is a plan view of another textile element.
distinct manufacturing steps requiring multiple individuals. 35 FIG. 11 is a plan view of yet another textile element.
Employing multiple materials, in addition to textiles, may FIG. 12 is a lateral elevational view of another article of
also detract from the breathability of footwear. Leather, footwear having an upper in accordance with the present
synthetic leather, or rubber, for example, are not generally invention.
permeable to air. Accordingly, positioning leather, synthetic FIG. 13 is a lateral elevational view of yet another article
leather, or rubber on the exterior of the upper may inhibit air 40 of footwear having an upper in accordance with the present
flow through the upper, thereby increasing the amount of invention.
perspiration, water vapor, and heat trapped within the upper FIG. 14 is a cross-sectional view of the footwear depicted
and around the foot. in FIG. 13, as defined by section line 14-14.
The present invention is an upper for an article of foot-
wear, the upper incorporating a textile element formed with 45 DETAILED DESCRIPTION
a knitting machine, for example. In one aspect of the
invention, the textile element has edges that are joined The following discussion and accompanying figures dis-
together to define at least a portion of a void for receiving a close an article of footwear 10 and a method of manufac-
foot. In another aspect of the invention, the textile element turing footwear 10, or components thereof, in accordance
has a first area and a second area of unitary construction. The 50 with the present invention. Footwear 10 is depicted in the
first area is formed of a first stitch configuration, and the figures and discussed below as having a configuration that is
second area is formed of a second stitch configuration that suitable for athletic activities, particularly running. The
is different from the first stitch configuration to impart concepts disclosed with respect to footwear 10 may, how-
varying textures to a surface of the textile element. The ever, be applied to footwear styles that are specifically
knitting machine may have a configuration that forms the 55 designed for a variety of other athletic activities, including
textile element through either warp knitting or weft knitting. basketball, baseball, football, soccer, walking, and hiking,
Another aspect of the invention involves a method of for example, and may also be applied to various non-athletic
manufacturing an article of footwear. The method includes footwear styles. Accordingly, one skilled in the relevant art
a step of mechanically manipulating a yarn with a circular will recognize that the concepts disclosed herein may be
knitting machine, for example, to form a cylindrical textile 60 applied to a wide range of footwear styles and are not limited
structure. In addition, the method involves removing at least to the specific embodiments discussed below and depicted in
one textile element from the textile structure, and incorpo- the figures.
rating the textile element into an upper of the article of The primary elements of footwear 10 are depicted in FIG.
footwear. 1 as being a sole structure 20 and an upper 30. Sole structure
In another aspect of the invention, an article of footwear 65 20 is secured to a lower portion of upper 30 and provides a
has an upper and a sole structure secured to the upper. The durable, wear-resistant component that imparts cushioning
upper incorporates a textile element formed with a knitting as footwear 10 impacts the ground. Upper 30 is at least
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partially formed from a textile element 40 that defines an removed from the larger textile element and various edges of
interior void for comfortably receiving a foot and securing textile element 40 are secured together to form the shape of
a position of the foot relative to sole structure 20. Various upper 30. A plurality of seams 51-54 are formed, therefore,
edges of textile element 40 are then secured together to form when joining the edges of the textile element. Seam 51
the shape of upper 30. In some embodiments, textile element 5 extends along the longitudinal length oflower region 34 and
40 may form substantially all of upper 30, or textile element is centrally-located with respect to lateral region 31 and
40 may only be a portion of an upper. medial region 32. Seam 52 is also centrally-located and
Sole structure 20 has a generally conventional configu- extends upward along heel region 35. A seam 53 is posi-
ration that includes a midsole 21 and an outsole 22. Midsole tioned in a forefoot area of upper 30 and joins a portion of
21 is secured to a lower portion of upper 30 and is formed 10 lower region 34 with both of lateral region 31 and medial
of a polymer foam material, such as ethylvinylacetate or region 32. In addition, a seam 54 is positioned in a rear area
polyurethane. Accordingly, midsole 21 attenuates ground of upper 30 and joins a portion oflower region 34 with heel
reaction forces and absorbs energy (i.e., provides cushion- region 35.
ing) as sole structure 20 impacts the ground. To enhance the Textile element 40 exhibits the general shape depicted in
force attenuation and energy absorption characteristics of 15 FIG. 8 prior to the formation of seams 51-54. Following
sole structure 20, midsole 21 may incorporate a fluid-filled formation of seams 51-54, however, textile element 40
bladder, as disclosed in U.S. Pat. Nos. 4,183,156 and 4,219, exhibits the shape of upper 30 depicted in FIGS. 2-7. Seams
945 to Rudy. Alternately or in combination, midsole 21 may 51-54 are formed by securing various edges of textile
incorporate a plurality of discrete, columnar support ele- element 40 together. More specifically, (1) seam 51 is
ments, as disclosed in U.S. Pat. Nos. 5,343,639 and 5,353, 20 formed by securing an edge 41 a with an edge 41b; (2) seam
523 to Kilgore et al. Outsole 22 is secured to a lower surface 52 is formed by securing an edge 42a with an edge 42b; (3)
ofmidsole 21 and may be formed from carbon black rubber a first portion of seam 53 is formed by securing an edge 43a
compound to provide a durable, wear-resistant surface for with an edge 43b; (4) a second portion of seam 53 is formed
engaging the ground. Outsole 22 may also incorporate a by securing an edge 43c with an edge 43d; (5) a first portion
textured lower surface to enhance the fraction characteristics 25 of seam 54 is formed by securing an edge 44a with an edge
of footwear 10. In addition, footwear 10 may include an 44b; and (6) a second portion of seam 54 is formed by
insole (not depicted), which is a relatively thin, cushioning securing an edge 44c with an edge 44d. Referring to FIG. 8,
member located within upper 30 and adjacent to a plantar the positions of regions 31-35 and ankle opening 36 are
surface of the foot for enhancing the comfort of footwear 10. identified to provide a frame of reference relating to the
Sole structure 20 is described above as having the ele- 30 various portions of textile element 40.
ments of a conventional sole structure for athletic footwear. In order to join edges 41a and 41b to form seam 51, textile
Other footwear styles, including, dress shoes and boots, for element 40 is folded or otherwise overlapped such that edge
example, may have other types of conventional sole struc- 41a is placed adjacent to edge 41b. Stitching, an adhesive,
tures specifically tailored for use with the respective types of or heat bonding, for example, is then utilized to secure edge
footwear. In addition to a conventional configuration, how- 35 41a and edge 41b. Textile element 40, as depicted in FIG. 8,
ever, sole structure 20 may also exhibit a unique, non- has a generally planar configuration. Upon the formation of
conventional structure. Accordingly, the particular configu- seam 51, however, one portion of textile element 40 overlaps
ration of sole structure 20 may vary significantly within the the other portion of textile element 40. The volume between
scope of the present invention to include a wide range of the overlapping portions effectively forms a portion of the
configurations, whether conventional or non-conventional. 40 void within upper 30 for receiving the foot.
Upper 30 is depicted in FIGS. 2-7 as having a lateral The folding or overlapping of textile element 40 to form
region 31, an opposite medial region 32, an instep region 33, seam 51 places edge 42a adjacent to edge 42b, which
a lower region 34, and a heel region 35. Lateral region 31 facilitates the formation of seam 52. With reference to FIG.
extends through a longitudinal length of footwear 10 and is 8, an edge 45 forms a generally u-shaped area in textile
generally configured to contact and cover a lateral side of the 45 element 40. Upon the joining of edges 42a and 42b to form
foot. Medial region 32 has a similar configuration that seam 52, the u-shaped area becomes an aperture in textile
generally corresponds with a medial side of the foot. Instep element 40 and effectively forms ankle opening 36. Each of
region 33 is positioned between lateral region 31 and medial edges 43a-43d and edges 44a-44d are formed from a gen-
region 32, and instep region 33 extends over an instep area erally v-shaped area of textile element 40. Accordingly,
of the foot. Lower region 34 forms a bottom surface of upper 50 seams 53 and 54 may be formed by closing the v-shaped
30 and also extends through the longitudinal length of areas and securing the various edges together.
footwear 10. Heel region 35 forms a rear portion of upper 30 Following the formation of each of seams 51-54, the
and is generally configured to contact and cover a heel area manufacturing of upper 30 is essentially complete. Various
of the foot. In addition, lateral region 31, medial region 32, finishing steps may be performed, such as reinforcing ankle
instep region 33, and heel region 35 cooperatively define an 55 opening 36, for example. Upper 30 (i.e., textile element 40)
ankle opening 36 for providing the foot with access to the is then secured to sole structure 20, with an adhesive, for
void within upper 30. example. The insole is then placed into the void within upper
Upper 30 is at least partially formed from textile element 30 and adjacent to lower region 34. In some embodiments,
40, which forms regions 31-35, and may also include laces various reinforcing members may be added to the exterior or
or other elements associated with a conventional upper for 60 interior surface of upper 20 in order to limit the degree of
footwear. Textile element 40 is a single material element that stretch in upper 20 or provide enhanced wear-resistance. In
is formed to exhibit a unitary (i.e., one-piece) construction, addition, a lacing system may be added to provide adjust-
and textile element 40 is formed or otherwise shaped to ability.
extend around the foot. As depicted in FIGS. 2-7, textile Textile element 40 is a single material element with a
element 40 forms both an exterior surface and an interior 65 unitary construction, as discussed above. As defined for
surface of upper 30. Textile element 40 may be formed as a purposes of the present invention, unitary construction is
part of a larger textile element. Textile element 40 is then intended to express a configuration wherein portions of a
Case 1:23-cv-12666-JCB Document 1-10 Filed 11/06/23 Page 24 of 27
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textile element are not joined together by seams or other textile structure 60 so that a pattern is formed with the
connections, as depicted with textile element 40 in FIG. 8. outline of textile element 40. That is, differences in the
Although the various edges 4la-44d are joined together to stitches within textile structure 60 form an outline with the
form seams 51-54, the various portions of textile element 40 shape and proportions of textile element 40.
are formed as an unitary element without seams, as dis- 5 The Santoni S.p.A. wide-tube circular knitting machine
cussed below. may form a textile structure having a diameter that ranges
Textile element 40 is primarily formed from one or more from 10 inches to 16 inches, as discussed above. Assuming
yarns that are mechanically-manipulated through either an that textile structure 60 exhibits a diameter of 10 inches, then
interweaving, intertwining and twisting, or interlooping pro- the circumference of textile structure 60 is approximately 31
cess, for example. As discussed in the Background of the 10 inches. In many circumstances, the total width of textile
Invention section above, interweaving is the intersection of element 40 will be approximately 12 inches, depending
two yarns that cross and interweave at right angles to each upon the size of footwear 10. The outlines for at least two
other. The yarns utilized in interweaving are conventionally textile elements 40 may, therefore, be formed on textile
referred to as warp and weft. Intertwining and twisting structure 60. Referring to FIG. 9, the outline of textile
encompasses procedures such as braiding and knotting 15 element 40 is depicted on a front portion of textile structure
where yarns intertwine with each other to form a textile. 60, and the outline of another textile element 40 is depicted
Interlooping involves the formation of a plurality of colunms on a rear portion of textile structure 60. Accordingly, a first
of intermeshed loops, with knitting being the most common textile element 40 and a second textile element 40 may be
method of interlooping. Textile element 40 may, therefore, simultaneously formed in a single textile structure 60. As the
be formed from one of these processes for manufacturing a 20 diameter of textile element 60 is increased or the width of
textile. textile element 40 decreases, however, an even greater
A variety of mechanical processes have been developed to number of textile elements 40 may be outlined on textile
manufacture a textile. In general, the mechanical processes structure 60.
may be classified as either warp knitting or weft knitting. Textile structure 60 may be formed with a wide-tube
With regard to warp knitting, various specific sub-types that 25 circular knitting machine, as discussed above. The types of
may be utilized to manufacture a textile include tricot, stitches that form textile structure 60 may be varied to form
raschel, and double needle-bar raschel (which further an outline of one or more textile elements 40 on textile
includes jacquard double needle-bar raschel). With regard to structure 60. That is, the wide-tube circular knitting machine
weft knitting, various specific sub-types that may be utilized may be programmed to form different types of stitches in
to manufacture a textile include circular knitting and flat 30 textile structure 60 so as to outline one or more textile
knitting. Various types of circular knitting include sock elements 40. Each textile element 40 is then removed from
knitting (narrow tube), body garment (seamless or wide textile structure 60 with a die-cutting, laser-cutting, or other
tube), and jacquard. conventional cutting operation. Once textile element 40 is
Textile element 40 may be formed through any of the removed from textile structure 60, seams 51-54 may be
mechanical processes discussed above. Accordingly, textile 35 formed and textile element 40 may be incorporated into
element 40 may be formed on either a warp knitting machine footwear 10.
or a weft knitting machine. One suitable knitting machine The yarn forming textile element 40 may be generally
for forming textile element 40 is a wide-tube circular knit defined as an assembly having a substantial length and
jacquard machine. Another suitable knitting machine for relatively small cross-section that is formed of at least one
forming textile element 40 is a wide-tube circular knitting 40 filament or a plurality of fibers. Fibers have a relatively short
machine that is produced in the Lonati Group by Santoni length and require spinning or twisting processes to produce
S.p.A. of Italy under the SM8 TOPI model number. This a yarn of suitable length for use in an interlooping process.
Santoni S.p.A. wide-tube circular knitting machine may Common examples of fibers are cotton and wool. Filaments,
form a textile structure having a diameter that ranges from however, have an indefinite length and may merely be
10 inches to 20 inches, with 8 feeds for each diameter. The 45 combined with other filaments to produce a yarn suitable for
machine exhibits a maximum 140 revolutions per minute for use in an interloping process. Modern filaments include a
10 inch diameters, and a maximum 120 revolutions per plurality of synthetic materials such as rayon, nylon, poly-
minute for 13 inch diameters. Furthermore, the machine ester, and acrylic, with silk being the primary, naturally-
gauge is variable between 16, 22, 24, 26, 28, and 32 needles occurring exception. Yarn may be formed of a single fila-
per inch, and is suitable for various needle gauges ranging 50 ment (conventionally referred to as a monofilament yarn) or
from 48 to 75. a plurality of individual filaments. Yarn may also be formed
A wide-tube circular knitting machine, as produced by of separate filaments formed of different materials, or the
Santoni S.p.A., forms a generally cylindrical textile structure yarn may be formed of filaments that are each formed of two
and is capable of forming various types of stitches within a or more different materials. Similar concepts also apply to
single textile structure. In general, the wide-tube circular 55 yarns formed from fibers. Accordingly, yarns may have a
knitting machine may be programmed to alter the design on variety of configurations within the scope of the present
the textile structure through needle selection. That is, the invention that generally conform to the definition provided
type of stitch that is formed at each location on the textile above.
structure may be selected by prograniming the wide-tube In order to provide the stretch and recovery properties to
circular knitting machine such that specific needles either 60 upper 30, and particularly textile element 40, a yarn that
accept or do not accept yarn at each stitch location. In this incorporates an elastane fiber may be utilized. Elastane
manner, various patterns, textures, or designs may be selec- fibers are available from E.I. DuPont de Nemours Company
tively and purposefully imparted to the textile structure. under the LYCRA trademark. Such fibers may have the
An example of a textile structure 60 that may be formed configuration of covered LYCRA, wherein the fiber includes
with a wide-tube circular knitting machine is depicted in 65 a LYCRA core that is surrounded by a nylon sheath. One
FIG. 9. Textile structure 60 has a generally cylindrical suitable yarn, for example, includes a 70 denier elastane core
configuration, and the types of stitches vary throughout that is covered with nylon having a 2 ply, 80 denier, 92
Case 1:23-cv-12666-JCB Document 1-10 Filed 11/06/23 Page 25 of 27
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filament structure. Other fibers or filaments exhibiting elas- includes a third texture 48". The different textures 46"-48"
tic properties may also be utilized. are formed by merely varying the type of stitch formed by
As discussed above, a yam that incorporates elastane the wide-tube circular knitting machine at each location of
fibers is suitable for textile element 40. A plurality of other textile element 40". Textures 46"-48" may exhibit aesthetic
yarns, whether elastic or inelastic, are also suitable for 5 differences, or the differences may be structural. For
textile element 40. The characteristics of the yam selected example, the degree of stretch in areas with textures 46"-48"
for textile element 40 depend primarily upon the materials may be different, or the wear resistance of the areas may
that form the various filaments and fibers. Cotton, for vary depending upon the stitch utilized. The air-permeability
example, provides a soft hand, natural aesthetics, and bio- of textile element 40" may also vary in the different areas.
degradability. Elastane fibers, as discussed above, provide 10 Third texture 48" is formed to include a plurality of aper-
substantial stretch and recoverability. Rayon provides high tures that extend through textile element 40". The apertures
luster and moisture absorption. Wool also provides high may be formed by omitting stitches at specific locations
moisture absorption, in addition to insulating properties. during the wide-tube circular knitting process, and the
Polytetrafluoroethylene coatings may provide a low friction apertures facilitate the transfer of air between the void
contact between the textile and the skin. Nylon is a durable 15 within upper 20 and the area outside of upper 20. Accord-
and abrasion-resistant material with high strength. Finally, ingly, the various stitches formed in textile element 40", or
polyester is a hydrophobic material that also provides rela- one of textile elements 40 or 40', may be utilized to vary the
tively high durability. Accordingly, the materials comprising texture, physical properties, or aesthetics of footwear 10
the yarn may be selected to impart a variety of physical within a single, unitary element of material.
properties to textile element 40, and the physical properties 20 In addition to varying the stitch types to form textures
may include, for example, strength, stretch, support, stiff- 46'-47' and 46"-48", the type of yam utilized in various areas
ness, recovery, fit, and form. of textile elements 40' and 40" may be changed to impart
Textile element 40 is depicted as having a generally different properties. As discussed above, yarn may be
smooth, non-varied stitch configuration. That is, similar formed from cotton, wool, elastane, rayon, nylon, and poly-
stitches are utilized throughout textile element 40 to impart 25 ester, for example. Each of these yam types may impart
a common texture to the various portions of textile element differing properties to the areas corresponding with textures
40. As discussed above, however, a wide-tube circular 46'-47' and 46"-48". For example, elastane may be utilized
knitting machine is generally capable of forming various to impart stretch, wool may be utilized for insulation, and
types of stitches within a single textile structure. The wide- nylon may be utilized for durability. Accordingly, different
tube circular knitting machine may, therefore, vary the 30 yarn types may be utilized to impart different properties. The
stitches within textile element 40 to produce various pat- types of knitting that may be utilized to form different zones
terns, designs, or textures, for example. Various types of with different properties (e.g., yarn characteristics, textures,
stitches may also be formed with other types of knitting etc.) may vary significantly to include the various warp
machines. With reference to FIG. 10, a textile element 40' knitting and weft knitting processes discussed earlier, such
with the general shape of textile element 40 is depicted as 35 as tricot, raschel, double needle-bar raschel, circular knit-
having various areas with different textures. For example, a ting, and flat knitting, for example.
central area that corresponds with instep region 33 has a first An article of footwear 110 is depicted in FIG. 12 and
texture 46' that is generally smooth. In addition, textile includes a sole structure 120 and an upper 130. Upper 130
element 40' includes a second texture 47' that is a plurality includes a textile element 140 having the general configu-
of longitudinal ribs. When incorporated into footwear 10, 40 ration of textile element 40. As with textile element 40,
the ribs will extend longitudinally along lateral region 31 textile element 140 forms both an exterior surface and an
and medial region 32, and the ribs may extend into heel interior surface of upper 130. In addition, upper 130 includes
region 35. The ribs may be present for aesthetic purposes, or a lace 131 and a plurality of elements 132-135 that also form
may affect the stretch properties of upper 20, for example. a portion of the exterior surface. Lace 131 extends through
Accordingly, textile element 40' exhibits areas with different 45 a plurality of apertures formed in textile element 140. The
textures in a single element of textile material. apertures may be formed by omitting stitches at specific
Many conventional articles of footwear incorporate locations. Element 132 is positioned in a forefoot area of
uppers with various material elements that each exhibit footwear 110 and may be formed of leather or rubber, for
different properties. For example, a first material element example, to provide additional wear-resistance. Element 133
may be smooth, and a second material element may be 50 extends around the ankle opening to reinforce and limit
textured. The first and second material elements are then stretch in the area of the ankle opening. Element 134 extends
stitched together to form a portion of the conventional upper. around the heel region to counter movement of the heel and
Textile element 40' also exhibits smooth and textured areas. seat the heel above sole structure 120. Furthermore, ele-
In contrast with the conventional upper, however, first ments 135 are substantially inextensible strips of material,
texture 46' and second texture 47' are incorporated into a 55 such as leather or synthetic leather, that limit stretch on the
single, unitary element of textile, rather than two separate lateral side of footwear 110. Whereas upper 30 was almost
elements that are stitched or otherwise joined together. exclusively formed by textile element 40, upper 130 also
A textile structure 40" is depicted in FIG. 11 and has the includes lace 131 and elements 132-135. Accordingly, an
general shape of both textile element 40 and textile element upper in accordance with the present invention may incor-
40'. Textile element 40" includes areas with three different 60 porate a plurality of additional components.
textures. A first texture 46" is generally smooth and has the Another article of footwear 210 is depicted in FIGS.
configuration of various strips that extends laterally across 13-14 and includes a sole structure 220 and an upper 230.
areas corresponding with lateral region 31, medial region 32, Upper 230 includes a textile element 240 that forms an
and instep region 33. Various portions of textile element 40" interior layer. In addition, upper 230 includes an intermedi-
also include a second texture 47", which is generally rough 65 ate layer 250 and an exterior layer 260. As discussed in the
in comparison with first texture 46". In addition, the area of Background of the Invention section above, the upper of a
textile element 40" corresponding with instep region 33 conventional article of footwear may be formed from mu!-
Case 1:23-cv-12666-JCB Document 1-10 Filed 11/06/23 Page 26 of 27
US 9,918,511 B2
11 12
tiple material layers that include an exterior layer, an inter- concepts related to the invention, not to limit the scope of the
mediate layer, and an interior layer. The materials forming invention. One skilled in the relevant art will recognize that
the exterior layer of the upper may be selected based upon numerous variations and modifications may be made to the
the properties of wear-resistance, flexibility, and air perme- embodiments described above without departing from the
ability, for example. The intermediate layer of the upper may 5 scope of the present invention, as defined by the appended
be formed from a lightweight polymer foam material that claims.
provides cushioning and protects the foot from objects that
may contact the upper. Similarly, an interior layer of the
What is claimed is:
upper may be formed of a moisture-wicking textile that
1. An upper for an article of footwear, the upper com-
removes perspiration from the area immediately surround- 10
ing the foot. prising:
Upper 230 has a configuration that is similar to the a flat knit textile element comprising (1) flat knit edges
configuration of the conventional upper in that various free of surrounding textile structure such that the flat
material layers are utilized. In contrast with the conventional knit edges are not surrounded by textile structure from
upper, however, the interior layer is formed of textile ele- 15 which the textile element must be removed, at least one
ment 240, which is manufactured through the process dis- flat knit edge being a curved flat knit edge, and (2) a
cussed above. That is, textile element 240 is a single element first knit strip having a first property and a second knit
of textile that forms the interior layer of upper 230. A benefit strip having a second property that is different from the
to utilizing textile element 240 for the interior layer is that first property;
textile element 240 includes few seams that may contact the 20 wherein the first knit strip and the second knit strip are
foot. In addition, the stitches utilized at various locations of positioned adjacent to each other along one or more of
textile element 240 may modify the texture of the interior a lateral side and a medial side of the upper.
surface of upper 230, thereby limiting the degree of slip that 2. The upper of claim 1, wherein one or both of the first
occurs between the foot and upper 230 or enhancing the knit strip and the second knit strip comprises a plurality of
air-permeability of upper 230 in specific locations. 25 knit strips.
Various warp knitting or weft knitting processes may be 3. The upper of claim 2, wherein the first and second knit
utilized to form textile element 40, or the various other strips alternate with one another along one or more of the
textile elements discussed above. An advantage of this
lateral side and the medial side of the upper.
process is that various stitches may be incorporated into
4. The upper of claim 2, wherein the flat knit textile
specific locations of textile element 40 to modify the physi- 30
element comprises at least two first knit strips and at least
cal properties or aesthetics of textile element 40. Whereas a
conventional upper includes various elements that stitched two second knit strips.
or adhesively joined, textile element 40 is a single, unitary 5. The upper of claim 1, wherein the first knit strip and the
element of material. From the perspective of manufacturing, second knit strip extend along the lateral side of the upper
utilizing multiple materials to impart different properties to 35 from an instep region of the upper to an area proximate to
an article of footwear may be an inefficient practice. By a lower region of the upper.
forming textile element 40 to be a single, unitary element of 6. The upper of claim 1, wherein the first knit strip and the
material, however, efficiency is increased in that upper 20 second knit strip extend along the medial side of the upper
may include a single textile element, rather than numerous from an instep region of the upper to an area proximate to
joined elements. 40 a lower region of the upper.
A variety of knitting processes may be utilized to form 7. The upper of claim 1, wherein the first property
textile element 40, as discussed above. As a specific comprises a first knit construction and the second property
example, a jacquard double needle-bar raschel knitting comprises a second knit construction.
machine may be utilized to form a flat textile structure, and 8. The upper of claim 1, wherein the first property of the
may also be utilized to form the textile structure to have the 45 first knit strip comprises a smooth texture, and the second
configuration of a spacer mesh textile. Unlike textile struc- property of the second knit strip comprises a rough texture.
ture 60, which exhibits a generally cylindrical configuration, 9. The upper of claim 1, wherein the flat knit textile
the textile structure formed with the jacquard double needle- element further comprises a plurality of apertures in an
bar raschel knitting machine will have a flat configuration. instep region of the upper.
Like textile structure 60, however, an outline of a textile 50 10. The upper of claim 1, wherein the first property of the
element may be imparted to the textile structure formed with first knit strip comprises a higher degree of stretch than the
the jacquard double needle-bar raschel knitting machine. second property of the second knit strip.
That is, differences in the stitches within the textile structure 11. The upper of claim 1, wherein the second property of
may form an outline with the shape and proportions of the the second knit strip comprises a higher degree of stretch
intended textile element. Accordingly, the textile element 55 than the first property of the first knit strip.
may be removed from the textile structure and incorporated 12. The upper of claim 1, wherein the first property
into footwear 10. In addition, the jacquard double needle-bar comprises a first yarn type and the second property com-
raschel knitting machine may be utilized to impart various prises a second yarn type.
textures, different properties, or different yarn types to the 13. The upper of claim 12, wherein the first yarn type of
textile element. Similarly, other types of knitting, such as flat 60 the first knit strip comprises at least one of a higher biode-
knitting, may be utilized within the scope of the present gradability, moisture absorption, insulation, durability, and/
invention to impart various textures, different properties, or or hydrophobicity than the second yarn type of the second
different yarn types to the textile element. knit strip.
The present invention is disclosed above and in the 14. The upper of claim of claim 12, wherein the first yarn
accompanying drawings with reference to a variety of 65 type of the first knit strip comprises at least one of a higher
embodiments. The purpose served by the disclosure, how- strength, support, stiffness, recovery, fit and/or form than the
ever, is to provide an example of the various features and second yarn type of the second knit strip.
Case 1:23-cv-12666-JCB Document 1-10 Filed 11/06/23 Page 27 of 27
US 9,918,511 B2
13 14
15. An article of footwear comprising: 17. The article of footwear of claim 15, wherein the flat
an upper comprising: knit textile element comprises a plurality of first knit strips
a flat knit textile element comprising (1) flat knit edges extending along the lateral side and the medial side of the
free of surrounding textile structure such that the flat upper and a plurality of second knit strips extending along
knit edges are not surrounded by textile structure from 5
which the textile element must be removed, at least one the lateral side and the medial side of the upper.
flat knit edge being a curved flat knit edge, and (2) a 18. The article of footwear of claim 15, wherein the first
first knit strip having a first property and a second knit knit strip is parallel to the second knit strip.
strip having a second property that is different from the
first property; 19. The article of footwear of claim 15, wherein the first
wherein the first knit strip and the second knit strip are 10 knit strip and the second knit strip extend along the lateral
positioned adjacent to each other along one or more of side of the upper from an instep region of the upper to an
a lateral side and a medial side of the upper; and area proximate to the sole structure.
a sole structure secured to the upper. 20. The article of footwear of claim 15, wherein the first
16. The article of footwear of claim 15, wherein the first
knit strip and the second knit strip extend along the medial
property comprises one or more of a first knit construction 15 side of the upper from an instep region of the upper to an
and a first yam type and wherein the second property
area proximate to the sole structure.
comprises one or more of a first knit construction and a
second yam type. * * * * *
Case 1:23-cv-12666-JCB Document 1-11 Filed 11/06/23 Page 1 of 27
Exhibit 11
Case 1:23-cv-12666-JCB Document 1-11 Filed 11/06/23 Page 2 of 27
I 1111111111111111 11111 1111111111 11111 111111111111111 111111111111111 IIII IIII
US009924 758B2
131
110
)
-120
Case 1:23-cv-12666-JCB Document 1-11 Filed 11/06/23 Page 3 of 27
US 9,924,758 B2
Page 2
US 9,924,758 B2
Page 3
US 9,924,758 B2
Page 4
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NIKE Aug. 29, 2013 Ex List dated Aug. 29, 2013, in IPR2013- Appl. No. 15/684,608, 7 pages.
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Case 1:23-cv-12666-JCB Document 1-11 Filed 11/06/23 Page 8 of 27
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US 9,924,758 B2
1 2
ARTICLE OF FOOTWEAR HAVING A enhance the comfort of the footwear, and the upper may
TEXTILE UPPER include a heel counter to limit movement of the heel.
Various materials may be utilized in manufacturing the
CROSS-REFERENCE TO RELATED upper. The upper of an article of athletic footwear, for
APPLICATIONS 5 example, may be formed from multiple material layers that
include an exterior layer, an intermediate layer, and an
This application entitled "Article of Footwear Having A interior layer. The materials forming the exterior layer of the
Textile Upper" a is a continuation of and claims priority to upper may be selected based upon the properties of wear-
U.S. patent application Ser. No. 14/503,514, filed Oct. 1, resistance, flexibility, and air permeability, for example.
10 With regard to the exterior layer, the toe area and the heel
2014, which is a division of and claims priority to U.S.
area may be formed of leather, synthetic leather, or a rubber
patent application Ser. No. 14/079,748, filed Nov. 14, 2013,
material to impart a relatively high degree of wear-resis-
which is a continuation of and claims priority to U.S. patent
tance. Leather, synthetic leather, and rubber materials may
application Ser. No. 13/413,233, filed Mar. 6, 2012, which is not exhibit the desired degree of flexibility and air perme-
a continuation application of and claims priority to U.S. 15 ability. Accordingly, various other areas of the exterior layer
patent application Ser. No. 13/236,742, filed Sep. 20, 2011, of the upper may be formed from a synthetic or natural
now U.S. Pat. No. 8,266,749, issued Sep. 18, 2012, which is textile. The exterior layer of the upper may be formed,
a continuation application of and claims priority to U.S. therefore, from numerous material elements that each impart
patent application Ser. No. 12/879,517, filed Sep. 10, 2010, different properties to specific portions of the upper.
now U.S. Pat. No. 8,042,288, issued Oct. 25, 2011, which is 20 An intermediate layer of the upper may be formed from
a continuation application of and claims priority to U.S. a lightweight polymer foam material that provides cushion-
patent application Ser. No. 12/032,995, filed Feb. 18, 2008, ing and protects the foot from objects that may contact the
now U.S. Pat. No. 7,814,598, issued Oct. 19, 2010, which is upper. Similarly, an interior layer of the upper may be
a divisional application of and claims priority to U.S. patent formed of a moisture-wicking textile that removes perspi-
application Ser. No. 10/791,289, filed Mar. 3, 2004, now 25 ration from the area immediately surrounding the foot. In
U.S. Pat. No. 7,347,011, issued Mar. 25, 2008, each of which some articles of athletic footwear, the various layers may be
applications are being entirely incorporated herein by ref- joined with an adhesive, and stitching may be utilized to join
erence. elements within a single layer or to reinforce specific areas
of the upper.
BACKGROUND 30 Although the materials selected for the upper vary sig-
nificantly, textile materials often form at least a portion of
The present invention relates to footwear. The invention the exterior layer and interior layer. A textile may be defined
concerns, more particularly, an article of footwear incorpo- as any manufacture from fibers, filaments, or yams charac-
rating an upper that is at least partially formed from a textile terized by flexibility, fineness, and a high ratio of length to
material. 35 thickness. Textiles generally fall into two categories. The
first category includes textiles produced directly from webs
DESCRIPTION OF BACKGROUND ART of filaments or fibers by randomly interlocking to construct
non-woven fabrics and felts. The second category includes
Conventional articles of athletic footwear include two textiles formed through a mechanical manipulation of yam,
primary elements, an upper and a sole structure. The upper 40 thereby producing a woven fabric, for example.
provides a covering for the foot that securely receives and Yarn is the raw material utilized to form textiles in the
positions the foot with respect to the sole structure. In second category. In general, yarn is defined as an assembly
addition, the upper may have a configuration that protects having a substantial length and relatively small cross-section
the foot and provides ventilation, thereby cooling the foot that is formed of at least one filament or a plurality of fibers.
and removing perspiration. The sole structure is secured to 45 Fibers have a relatively short length and require spinning or
a lower surface of the upper and is generally positioned twisting processes to produce a yarn of suitable length for
between the foot and the ground. In addition to attenuating use in textiles. Common examples of fibers are cotton and
ground reaction forces and absorbing energy (i.e., imparting wool. Filaments, however, have an indefinite length and may
cushioning), the sole structure may provide traction and merely be combined with other filaments to produce a yam
control potentially harmful foot motion, such as over pro- 50 suitable for use in textiles. Modern filaments include a
nation. Accordingly, the upper and the sole structure operate plurality of synthetic materials such as rayon, nylon, poly-
cooperatively to provide a comfortable structure that is ester, and polyacrylic, with silk being the primary, naturally-
suited for a wide variety of ambulatory activities, such as occurring exception. Yarn may be formed of a single fila-
walking and running. The general features and configuration ment, which is conventionally referred to as a monofilament
of the conventional upper are discussed in greater detail 55 yarn, or a plurality of individual filaments grouped together.
below. Yam may also include separate filaments formed of different
The upper forms a void on the interior of the footwear for materials, or the yam may include filaments that are each
receiving the foot. The void has the general shape of the foot, formed of two or more different materials. Similar concepts
and access to the void is provided by an ankle opening. also apply to yams formed from fibers. Accordingly, yarns
Accordingly, the upper extends over the instep and toe areas 60 may have a variety of configurations that generally conform
of the foot, along the medial and lateral sides of the foot, and to the definition provided above.
around the heel area of the foot. A lacing system is often The various techniques for mechanically manipulating
incorporated into the upper to selectively increase the size of yarn into a textile include interweaving, intertwining and
the ankle opening and permit the wearer to modify certain twisting, and interlooping. Interweaving is the intersection
dimensions of the upper, particularly girth, to accommodate 65 of two yams that cross and interweave at right angles to each
feet with varying proportions. In addition, the upper may other. The yarns utilized in interweaving are conventionally
include a tongue that extends under the lacing system to referred to as warp and weft. Intertwining and twisting
Case 1:23-cv-12666-JCB Document 1-11 Filed 11/06/23 Page 22 of 27
US 9,924,758 B2
3 4
encompasses procedures such as braiding and knotting structure that includes an outline of the textile element, and
where yarns intertwine with each other to form a textile. the textile element has edges that are joined together to
Interlooping involves the formation of a plurality of colunms define at least a portion of a void for receiving a foot.
of intermeshed loops, with knitting being the most common The advantages and features of novelty characterizing the
method of interlooping. 5 present invention are pointed out with particularity in the
The textiles utilized in footwear uppers generally provide appended claims. To gain an improved understanding of the
a lightweight, air-permeable structure that is flexible and advantages and features of novelty, however, reference may
comfortably receives the foot. In order to impart other be made to the following descriptive matter and accompa-
properties to the footwear, including durability and stretch- nying drawings that describe and illustrate various embodi-
resistance, additional materials are commonly combined 10 ments and concepts related to the invention.
with the textile, including leather, synthetic leather, or
rubber, for example. With regard to durability, U.S. Pat. No. BRIEF DESCRIPTION OF THE DRAWINGS
4,447,967 to Zaino discloses an upper formed of a textile
material that has a polymer material injected into specific The foregoing Summary of the Invention, as well as the
zones to reinforce the zones against abrasion or other forms 15 following Detailed Description of the Invention, will be
of wear. Regarding stretch resistance, U.S. Pat. No. 4,813, better understood when read in conjunction with the accom-
158 to Brown and U.S. Pat. No. 4,756,098 to Boggia both panying drawings.
disclose a substantially inextensible material that is secured FIG. 1 is a lateral elevational view of an article of
to the upper, thereby limiting the degree of stretch in specific footwear having an upper in accordance with the present
portions of the upper. 20 invention.
From the perspective of manufacturing, utilizing multiple FIG. 2 is a lateral elevational view of the upper.
materials to impart different properties to an article of FIG. 3 is a top plan view of the upper.
footwear may be an inefficient practice. For example, the FIG. 4 is a rear elevational view of the upper.
various materials utilized in a conventional upper are not FIG. 5 is a bottom plan view of the upper.
generally obtained from a single supplier. Accordingly, a 25 FIG. 6 is a first cross-sectional view of the upper, as
manufacturing facility must coordinate the receipt of spe- defined by section line 6-6 in FIG. 2.
cific quantities of materials with multiple suppliers that may FIG. 7 is a second cross-sectional view of the upper, as
have distinct business practices or may be located in differ- defined by section line 7-7 in FIG. 2.
ent regions or countries. The various materials may also FIG. 8 is a plan view of a textile element that forms at
require additional machinery or different assembly line 30 least a portion of the upper.
techniques to cut or otherwise prepare the material for FIG. 9 is a perspective view of a textile structure that
incorporation into the footwear. In addition, incorporating incorporates two of the textile element.
separate materials into an upper may involve a plurality of FIG. 10 is a plan view of another textile element.
distinct manufacturing steps requiring multiple individuals. FIG. 11 is a plan view of yet another textile element.
Employing multiple materials, in addition to textiles, may 35 FIG. 12 is a lateral elevational view of another article of
also detract from the breathability of footwear. Leather, footwear having an upper in accordance with the present
synthetic leather, or rubber, for example, are not generally invention.
permeable to air. Accordingly, positioning leather, synthetic FIG. 13 is a lateral elevational view of yet another article
leather, or rubber on the exterior of the upper may inhibit air of footwear having an upper in accordance with the present
flow through the upper, thereby increasing the amount of 40 invention.
perspiration, water vapor, and heat trapped within the upper FIG. 14 is a cross-sectional view of the footwear depicted
and around the foot. in FIG. 13, as defined by section line 14-14.
The present invention is an upper for an article of foot-
wear, the upper incorporating a textile element formed with DETAILED DESCRIPTION
a knitting machine, for example. In one aspect of the 45
invention, the textile element has edges that are joined The following discussion and accompanying figures dis-
together to define at least a portion of a void for receiving a close an article of footwear 10 and a method of manufac-
foot. In another aspect of the invention, the textile element turing footwear 10, or components thereof, in accordance
has a first area and a second area of unitary construction. The with the present invention. Footwear 10 is depicted in the
first area is formed of a first stitch configuration, and the 50 figures and discussed below as having a configuration that is
second area is formed of a second stitch configuration that suitable for athletic activities, particularly running. The
is different from the first stitch configuration to impart concepts disclosed with respect to footwear 10 may, how-
varying textures to a surface of the textile element. The ever, be applied to footwear styles that are specifically
knitting machine may have a configuration that forms the designed for a variety of other athletic activities, including
textile element through either warp knitting or weft knitting. 55 basketball, baseball, football, soccer, walking, and hiking,
Another aspect of the invention involves a method of for example, and may also be applied to various non-athletic
manufacturing an article of footwear. The method includes footwear styles. Accordingly, one skilled in the relevant art
a step of mechanically manipulating a yarn with a circular will recognize that the concepts disclosed herein may be
knitting machine, for example, to form a cylindrical textile applied to a wide range of footwear styles and are not limited
structure. In addition, the method involves removing at least 60 to the specific embodiments discussed below and depicted in
one textile element from the textile structure, and incorpo- the figures.
rating the textile element into an upper of the article of The primary elements of footwear 10 are depicted in FIG.
footwear. 1 as being a sole structure 20 and an upper 30. Sole structure
In another aspect of the invention, an article of footwear 20 is secured to a lower portion of upper 30 and provides a
has an upper and a sole structure secured to the upper. The 65 durable, wear-resistant component that imparts cushioning
upper incorporates a textile element formed with a knitting as footwear 10 impacts the ground. Upper 30 is at least
machine. The textile element is removed from a textile partially formed from a textile element 40 that defines an
Case 1:23-cv-12666-JCB Document 1-11 Filed 11/06/23 Page 23 of 27
US 9,924,758 B2
5 6
interior void for comfortably receiving a foot and securing textile element 40 are secured together to form the shape of
a position of the foot relative to sole structure 20. Various upper 30. A plurality of seams 51-54 are formed, therefore,
edges of textile element 40 are then secured together to form when joining the edges of the textile element. Seam 51
the shape of upper 30. In some embodiments, textile element extends along the longitudinal length oflower region 34 and
40 may form substantially all of upper 30, or textile element 5 is centrally-located with respect to lateral region 31 and
40 may only be a portion of an upper. medial region 32. Seam 52 is also centrally-located and
Sole structure 20 has a generally conventional configu- extends upward along heel region 35. A seam 53 is posi-
ration that includes a midsole 21 and an outsole 22. Midsole tioned in a forefoot area of upper 30 and joins a portion of
21 is secured to a lower portion of upper 30 and is formed lower region 34 with both of lateral region 31 and medial
of a polymer foam material, such as ethylvinylacetate or 10 region 32. In addition, a seam 54 is positioned in a rear area
polyurethane. Accordingly, midsole 21 attenuates ground of upper 30 and joins a portion oflower region 34 with heel
reaction forces and absorbs energy (i.e., provides cushion- region 35.
ing) as sole structure 20 impacts the ground. To enhance the Textile element 40 exhibits the general shape depicted in
force attenuation and energy absorption characteristics of FIG. 8 prior to the formation of seams 51-54. Following
sole structure 20, midsole 21 may incorporate a fluid-filled 15 formation of seams 51-54, however, textile element 40
bladder, as disclosed in U.S. Pat. Nos. 4,183,156 and 4,219, exhibits the shape of upper 30 depicted in FIGS. 2-7. Seams
945 to Rudy. Alternately or in combination, midsole 21 may 51-54 are formed by securing various edges of textile
incorporate a plurality of discrete, columnar support ele- element 40 together. More specifically, (1) seam 51 is
ments, as disclosed in U.S. Pat. Nos. 5,343,639 and 5,353, formed by securing an edge 41 a with an edge 41b; (2) seam
523 to Kilgore et al. Outsole 22 is secured to a lower surface 20 52 is formed by securing an edge 42a with an edge 42b; (3)
ofmidsole 21 and may be formed from carbon black rubber a first portion of seam 53 is formed by securing an edge 43a
compound to provide a durable, wear-resistant surface for with an edge 43b; (4) a second portion of seam 53 is formed
engaging the ground. Outsole 22 may also incorporate a by securing an edge 43c with an edge 43d; (5) a first portion
textured lower surface to enhance the fraction characteristics of seam 54 is formed by securing an edge 44a with an edge
of footwear 10. In addition, footwear 10 may include an 25 44b; and (6) a second portion of seam 54 is formed by
insole (not depicted), which is a relatively thin, cushioning securing an edge 44c with an edge 44d. Referring to FIG. 8,
member located within upper 30 and adjacent to a plantar the positions of regions 31-35 and ankle opening 36 are
surface of the foot for enhancing the comfort of footwear 10. identified to provide a frame of reference relating to the
Sole structure 20 is described above as having the ele- various portions of textile element 40.
ments of a conventional sole structure for athletic footwear. 30 In order to join edges 41a and 41b to form seam 51, textile
Other footwear styles, including, dress shoes and boots, for element 40 is folded or otherwise overlapped such that edge
example, may have other types of conventional sole struc- 41a is placed adjacent to edge 41b. Stitching, an adhesive,
tures specifically tailored for use with the respective types of or heat bonding, for example, is then utilized to secure edge
footwear. In addition to a conventional configuration, how- 41a and edge 41b. Textile element 40, as depicted in FIG. 8,
ever, sole structure 20 may also exhibit a unique, non- 35 has a generally planar configuration. Upon the formation of
conventional structure. Accordingly, the particular configu- seam 51, however, one portion of textile element 40 overlaps
ration of sole structure 20 may vary significantly within the the other portion of textile element 40. The volume between
scope of the present invention to include a wide range of the overlapping portions effectively forms a portion of the
configurations, whether conventional or non-conventional. void within upper 30 for receiving the foot.
Upper 30 is depicted in FIGS. 2-7 as having a lateral 40 The folding or overlapping of textile element 40 to form
region 31, an opposite medial region 32, an instep region 33, seam 51 places edge 42a adjacent to edge 42b, which
a lower region 34, and a heel region 35. Lateral region 31 facilitates the formation of seam 52. With reference to FIG.
extends through a longitudinal length of footwear 10 and is 8, an edge 45 forms a generally u-shaped area in textile
generally configured to contact and cover a lateral side of the element 40. Upon the joining of edges 42a and 42b to form
foot. Medial region 32 has a similar configuration that 45 seam 52, the u-shaped area becomes an aperture in textile
generally corresponds with a medial side of the foot. Instep element 40 and effectively forms ankle opening 36. Each of
region 33 is positioned between lateral region 31 and medial edges 43a-43d and edges 44a-44d are formed from a gen-
region 32, and instep region 33 extends over an instep area erally v-shaped area of textile element 40. Accordingly,
of the foot. Lower region 34 forms a bottom surface of upper seams 53 and 54 may be formed by closing the v-shaped
30 and also extends through the longitudinal length of 50 areas and securing the various edges together.
footwear 10. Heel region 35 forms a rear portion of upper 30 Following the formation of each of seams 51-54, the
and is generally configured to contact and cover a heel area manufacturing of upper 30 is essentially complete. Various
of the foot. In addition, lateral region 31, medial region 32, finishing steps may be performed, such as reinforcing ankle
instep region 33, and heel region 35 cooperatively define an opening 36, for example. Upper 30 (i.e., textile element 40)
ankle opening 36 for providing the foot with access to the 55 is then secured to sole structure 20, with an adhesive, for
void within upper 30. example. The insole is then placed into the void within upper
Upper 30 is at least partially formed from textile element 30 and adjacent to lower region 34. In some embodiments,
40, which forms regions 31-35, and may also include laces various reinforcing members may be added to the exterior or
or other elements associated with a conventional upper for interior surface of upper 20 in order to limit the degree of
footwear. Textile element 40 is a single material element that 60 stretch in upper 20 or provide enhanced wear-resistance. In
is formed to exhibit a unitary (i.e., one-piece) construction, addition, a lacing system may be added to provide adjust-
and textile element 40 is formed or otherwise shaped to ability.
extend around the foot. As depicted in FIGS. 2-7, textile Textile element 40 is a single material element with a
element 40 forms both an exterior surface and an interior unitary construction, as discussed above. As defined for
surface of upper 30. Textile element 40 may be formed as a 65 purposes of the present invention, unitary construction is
part of a larger textile element. Textile element 40 is then intended to express a configuration wherein portions of a
removed from the larger textile element and various edges of textile element are not joined together by seams or other
Case 1:23-cv-12666-JCB Document 1-11 Filed 11/06/23 Page 24 of 27
US 9,924,758 B2
7 8
connections, as depicted with textile element 40 in FIG. 8. outline of textile element 40. That is, differences in the
Although the various edges 4la-44d are joined together to stitches within textile structure 60 form an outline with the
form seams 51-54, the various portions of textile element 40 shape and proportions of textile element 40.
are formed as an unitary element without seams, as dis- The Santoni S.p.A. wide-tube circular knitting machine
cussed below. 5 may form a textile structure having a diameter that ranges
Textile element 40 is primarily formed from one or more from 10 inches to 16 inches, as discussed above. Assuming
yarns that are mechanically-manipulated through either an that textile structure 60 exhibits a diameter of 10 inches, then
interweaving, intertwining and twisting, or interlooping pro- the circumference of textile structure 60 is approximately 31
cess, for example. As discussed in the Background of the inches. In many circumstances, the total width of textile
Invention section above, interweaving is the intersection of 10
element 40 will be approximately 12 inches, depending
two yarns that cross and interweave at right angles to each
upon the size of footwear 10. The outlines for at least two
other. The yarns utilized in interweaving are conventionally
textile elements 40 may, therefore, be formed on textile
referred to as warp and weft. Intertwining and twisting
encompasses procedures such as braiding and knotting structure 60. Referring to FIG. 9, the outline of textile
where yarns intertwine with each other to form a textile. 15
element 40 is depicted on a front portion of textile structure
Interlooping involves the formation of a plurality of colunms 60, and the outline of another textile element 40 is depicted
of intermeshed loops, with knitting being the most common on a rear portion of textile structure 60. Accordingly, a first
method of interlooping. Textile element 40 may, therefore, textile element 40 and a second textile element 40 may be
be formed from one of these processes for manufacturing a simultaneously formed in a single textile structure 60. As the
textile. 20 diameter of textile element 60 is increased or the width of
A variety of mechanical processes have been developed to textile element 40 decreases, however, an even greater
manufacture a textile. In general, the mechanical processes number of textile elements 40 may be outlined on textile
may be classified as either warp knitting or weft knitting. structure 60.
With regard to warp knitting, various specific sub-types that Textile structure 60 may be formed with a wide-tube
may be utilized to manufacture a textile include tricot, 25 circular knitting machine, as discussed above. The types of
raschel, and double needle-bar raschel (which further stitches that form textile structure 60 may be varied to form
includes jacquard double needle-bar raschel). With regard to an outline of one or more textile elements 40 on textile
weft knitting, various specific sub-types that may be utilized structure 60. That is, the wide-tube circular knitting machine
to manufacture a textile include circular knitting and flat may be programmed to form different types of stitches in
knitting. Various types of circular knitting include sock 30 textile structure 60 so as to outline one or more textile
knitting (narrow tube), body garment (seamless or wide elements 40. Each textile element 40 is then removed from
tube), and jacquard. textile structure 60 with a die-cutting, laser-cutting, or other
Textile element 40 may be formed through any of the conventional cutting operation. Once textile element 40 is
mechanical processes discussed above. Accordingly, textile removed from textile structure 60, seams 51-54 may be
element 40 may be formed on either a warp knitting machine 35 formed and textile element 40 may be incorporated into
or a weft knitting machine. One suitable knitting machine footwear 10.
for forming textile element 40 is a wide-tube circular knit The yam forming textile element 40 may be generally
jacquard machine. Another suitable knitting machine for defined as an assembly having a substantial length and
forming textile element 40 is a wide-tube circular knitting relatively small cross-section that is formed of at least one
machine that is produced in the Lonati Group by Santoni 40 filament or a plurality of fibers. Fibers have a relatively short
S.p.A. of Italy under the SM8 TOPI model number. This length and require spinning or twisting processes to produce
Santoni S.p.A. wide-tube circular knitting machine may a yam of suitable length for use in an interlooping process.
form a textile structure having a diameter that ranges from Common examples of fibers are cotton and wool. Filaments,
10 inches to 20 inches, with 8 feeds for each diameter. The however, have an indefinite length and may merely be
machine exhibits a maximum 140 revolutions per minute for 45 combined with other filaments to produce a yam suitable for
10 inch diameters, and a maximum 120 revolutions per use in an interloping process. Modem filaments include a
minute for 13 inch diameters. Furthermore, the machine plurality of synthetic materials such as rayon, nylon, poly-
gauge is variable between 16, 22, 24, 26, 28, and 32 needles ester, and acrylic, with silk being the primary, naturally-
per inch, and is suitable for various needle gauges ranging occurring exception. Yarn may be formed of a single fila-
from 48 to 75. 50 ment (conventionally referred to as a monofilament yam) or
A wide-tube circular knitting machine, as produced by a plurality of individual filaments. Yam may also be formed
Santoni S.p.A., forms a generally cylindrical textile structure of separate filaments formed of different materials, or the
and is capable of forming various types of stitches within a yarn may be formed of filaments that are each formed of two
single textile structure. In general, the wide-tube circular or more different materials Similar concepts also apply to
knitting machine may be programmed to alter the design on 55 yarns formed from fibers. Accordingly, yams may have a
the textile structure through needle selection. That is, the variety of configurations within the scope of the present
type of stitch that is formed at each location on the textile invention that generally conform to the definition provided
structure may be selected by programming the wide-tube above.
circular knitting machine such that specific needles either In order to provide the stretch and recovery properties to
accept or do not accept yarn at each stitch location. In this 60 upper 30, and particularly textile element 40, a yarn that
manner, various patterns, textures, or designs may be selec- incorporates an elastane fiber may be utilized. Elastane
tively and purposefully imparted to the textile structure. fibers are available from E.I. duPont de Nemours Company
An example of a textile structure 60 that may be formed under the LYCRA trademark. Such fibers may have the
with a wide-tube circular knitting machine is depicted in configuration of covered LYCRA, wherein the fiber includes
FIG. 9. Textile structure 60 has a generally cylindrical 65 a LYCRA core that is surrounded by a nylon sheath. One
configuration, and the types of stitches vary throughout suitable yarn, for example, includes a 70 denier elastane core
textile structure 60 so that a pattern is formed with the that is covered with nylon having a 2 ply, 80 denier, 92
Case 1:23-cv-12666-JCB Document 1-11 Filed 11/06/23 Page 25 of 27
US 9,924,758 B2
9 10
filament structure. Other fibers or filaments exhibiting elas- includes a third texture 48". The different textures 46"-48"
tic properties may also be utilized. are formed by merely varying the type of stitch formed by
As discussed above, a yam that incorporates elastane the wide-tube circular knitting machine at each location of
fibers is suitable for textile element 40. A plurality of other textile element 40". Textures 46"-48" may exhibit aesthetic
yarns, whether elastic or inelastic, are also suitable for 5 differences, or the differences may be structural. For
textile element 40. The characteristics of the yam selected example, the degree of stretch in areas with textures 46"-48"
for textile element 40 depend primarily upon the materials may be different, or the wear resistance of the areas may
that form the various filaments and fibers. Cotton, for vary depending upon the stitch utilized. The air-permeability
example, provides a soft hand, natural aesthetics, and bio- of textile element 40" may also vary in the different areas.
degradability. Elastane fibers, as discussed above, provide 10 Third texture 48" is formed to include a plurality of aper-
substantial stretch and recoverability. Rayon provides high tures that extend through textile element 40". The apertures
luster and moisture absorption. Wool also provides high may be formed by omitting stitches at specific locations
moisture absorption, in addition to insulating properties. during the wide-tube circular knitting process, and the
Polytetrafluoroethylene coatings may provide a low friction apertures facilitate the transfer of air between the void
contact between the textile and the skin. Nylon is a durable 15 within upper 20 and the area outside of upper 20. Accord-
and abrasion-resistant material with high strength. Finally, ingly, the various stitches formed in textile element 40", or
polyester is a hydrophobic material that also provides rela- one of textile elements 40 or 40', may be utilized to vary the
tively high durability. Accordingly, the materials comprising texture, physical properties, or aesthetics of footwear 10
the yarn may be selected to impart a variety of physical within a single, unitary element of material.
properties to textile element 40, and the physical properties 20 In addition to varying the stitch types to form textures
may include, for example, strength, stretch, support, stiff- 46'-47' and 46"-48", the type of yam utilized in various areas
ness, recovery, fit, and form. of textile elements 40' and 40" may be changed to impart
Textile element 40 is depicted as having a generally different properties. As discussed above, yarn may be
smooth, non-varied stitch configuration. That is, similar formed from cotton, wool, elastane, rayon, nylon, and poly-
stitches are utilized throughout textile element 40 to impart 25 ester, for example. Each of these yam types may impart
a common texture to the various portions of textile element differing properties to the areas corresponding with textures
40. As discussed above, however, a wide-tube circular 46'-47' and 46"-48". For example, elastane may be utilized
knitting machine is generally capable of forming various to impart stretch, wool may be utilized for insulation, and
types of stitches within a single textile structure. The wide- nylon may be utilized for durability. Accordingly, different
tube circular knitting machine may, therefore, vary the 30 yarn types may be utilized to impart different properties. The
stitches within textile element 40 to produce various pat- types of knitting that may be utilized to form different zones
terns, designs, or textures, for example. Various types of with different properties (e.g., yarn characteristics, textures,
stitches may also be formed with other types of knitting etc.) may vary significantly to include the various warp
machines. With reference to FIG. 10, a textile element 40' knitting and weft knitting processes discussed earlier, such
with the general shape of textile element 40 is depicted as 35 as tricot, raschel, double needle-bar raschel, circular knit-
having various areas with different textures. For example, a ting, and flat knitting, for example.
central area that corresponds with instep region 33 has a first An article of footwear 110 is depicted in FIG. 12 and
texture 46' that is generally smooth. In addition, textile includes a sole structure 120 and an upper 130. Upper 130
element 40' includes a second texture 47' that is a plurality includes a textile element 140 having the general configu-
of longitudinal ribs. When incorporated into footwear 10, 40 ration of textile element 40. As with textile element 40,
the ribs will extend longitudinally along lateral region 31 textile element 140 forms both an exterior surface and an
and medial region 32, and the ribs may extend into heel interior surface of upper 130. In addition, upper 130 includes
region 35. The ribs may be present for aesthetic purposes, or a lace 131 and a plurality of elements 132-135 that also form
may affect the stretch properties of upper 20, for example. a portion of the exterior surface. Lace 131 extends through
Accordingly, textile element 40' exhibits areas with different 45 a plurality of apertures formed in textile element 140. The
textures in a single element of textile material. apertures may be formed by omitting stitches at specific
Many conventional articles of footwear incorporate locations. Element 132 is positioned in a forefoot area of
uppers with various material elements that each exhibit footwear 110 and may be formed of leather or rubber, for
different properties. For example, a first material element example, to provide additional wear-resistance. Element 133
may be smooth, and a second material element may be 50 extends around the ankle opening to reinforce and limit
textured. The first and second material elements are then stretch in the area of the ankle opening. Element 134 extends
stitched together to form a portion of the conventional upper. around the heel region to counter movement of the heel and
Textile element 40' also exhibits smooth and textured areas. seat the heel above sole structure 120. Furthermore, ele-
In contrast with the conventional upper, however, first ments 135 are substantially inextensible strips of material,
texture 46' and second texture 47' are incorporated into a 55 such as leather or synthetic leather, that limit stretch on the
single, unitary element of textile, rather than two separate lateral side of footwear 110. Whereas upper 30 was almost
elements that are stitched or otherwise joined together. exclusively formed by textile element 40, upper 130 also
A textile structure 40" is depicted in FIG. 11 and has the includes lace 131 and elements 132-135. Accordingly, an
general shape of both textile element 40 and textile element upper in accordance with the present invention may incor-
40'. Textile element 40" includes areas with three different 60 porate a plurality of additional components.
textures. A first texture 46" is generally smooth and has the Another article of footwear 210 is depicted in FIGS.
configuration of various strips that extends laterally across 13-14 and includes a sole structure 220 and an upper 230.
areas corresponding with lateral region 31, medial region 32, Upper 230 includes a textile element 240 that forms an
and instep region 33. Various portions of textile element 40" interior layer. In addition, upper 230 includes an intermedi-
also include a second texture 47", which is generally rough 65 ate layer 250 and an exterior layer 260. As discussed in the
in comparison with first texture 46". In addition, the area of Background of the Invention section above, the upper of a
textile element 40" corresponding with instep region 33 conventional article of footwear may be formed from mu!-
Case 1:23-cv-12666-JCB Document 1-11 Filed 11/06/23 Page 26 of 27
US 9,924,758 B2
11 12
tiple material layers that include an exterior layer, an inter- concepts related to the invention, not to limit the scope of the
mediate layer, and an interior layer. The materials forming invention. One skilled in the relevant art will recognize that
the exterior layer of the upper may be selected based upon numerous variations and modifications may be made to the
the properties of wear-resistance, flexibility, and air perme- embodiments described above without departing from the
ability, for example. The intermediate layer of the upper may 5 scope of the present invention, as defined by the appended
be formed from a lightweight polymer foam material that claims.
provides cushioning and protects the foot from objects that
may contact the upper. Similarly, an interior layer of the
What is claimed is:
upper may be formed of a moisture-wicking textile that
1. An upper for an article of footwear, the upper com-
removes perspiration from the area immediately surround- 10
ing the foot. prising:
Upper 230 has a configuration that is similar to the a knit textile element having knit edges free of surround-
configuration of the conventional upper in that various ing textile structure such that the knit edges are not
material layers are utilized. In contrast with the conventional surrounded by textile structure from which the textile
upper, however, the interior layer is formed of textile ele- 15 element must be removed, the knit element at least
ment 240, which is manufactured through the process dis- partially defining a forefoot region and a heel region
cussed above. That is, textile element 240 is a single element and having a longitudinal axis extending between the
of textile that forms the interior layer of upper 230. A benefit forefoot region and the heel region, wherein knit col-
to utilizing textile element 240 for the interior layer is that umns of the knit textile element have a knitting direc-
textile element 240 includes few seams that may contact the 20 tion parallel to the longitudinal axis between the fore-
foot. In addition, the stitches utilized at various locations of foot region and the heel region;
textile element 240 may modify the texture of the interior a non-textile element secured to a first portion of the knit
surface of upper 230, thereby limiting the degree of slip that textile element defining the heel region of the upper;
occurs between the foot and upper 230 or enhancing the and
air-permeability of upper 230 in specific locations. 25 a plurality of strips of non-textile material secured to a
Various warp knitting or weft knitting processes may be second portion of the knit textile element on a lateral
utilized to form textile element 40, or the various other side of the upper, the strips of non-textile material being
textile elements discussed above. An advantage of this spaced apart and parallel to each other on the lateral
process is that various stitches may be incorporated into side.
specific locations of textile element 40 to modify the physi- 30 2. The upper of claim 1, wherein the forefoot region of the
cal properties or aesthetics of textile element 40. Whereas a knit textile element is knitted before the heel region of the
conventional upper includes various elements that stitched knit textile element.
or adhesively joined, textile element 40 is a single, unitary 3. The upper of claim 1, wherein the heel region of the
element of material. From the perspective of manufacturing, knit textile element is knitted before the forefoot region of
utilizing multiple materials to impart different properties to 35 the knit textile element.
an article of footwear may be an inefficient practice. By 4. The upper of claim 1, wherein the plurality of strips of
forming textile element 40 to be a single, unitary element of non-textile material comprise less stretch capabilities than
material, however, efficiency is increased in that upper 20 the knit textile element.
may include a single textile element, rather than numerous 5. The upper of claim 1, wherein the plurality of strips
joined elements. 40 comprise a leather material or synthetic leather material.
A variety of knitting processes may be utilized to form 6. The upper of claim 1, wherein the plurality of strips
textile element 40, as discussed above. As a specific comprise three strips of varying lengths.
example, a jacquard double needle-bar raschel knitting 7. The upper of claim 1, wherein the plurality of strips
machine may be utilized to form a flat textile structure, and extend longitudinally across the lateral side.
may also be utilized to form the textile structure to have the 45 8. The upper of claim 1, wherein the plurality of strips are
configuration of a spacer mesh textile. Unlike textile struc- in a mid-foot region of the upper on the lateral side.
ture 60, which exhibits a generally cylindrical configuration, 9. The upper of claim 1, wherein the non-textile element
the textile structure formed with the jacquard double needle- secured to the first portion of the knit textile element
bar raschel knitting machine will have a flat configuration. defining the heel region extends from the lateral side to a
Like textile structure 60, however, an outline of a textile 50 medial side in the heel region.
element may be imparted to the textile structure formed with 10. An article of footwear comprising:
the jacquard double needle-bar raschel knitting machine. an upper comprising:
That is, differences in the stitches within the textile structure a knit textile element having knit edges free of surround-
may form an outline with the shape and proportions of the ing textile structure such that the knit edges are not
intended textile element. Accordingly, the textile element 55 surrounded by textile structure from which the textile
may be removed from the textile structure and incorporated element must be removed, the knit element at least
into footwear 10. In addition, the jacquard double needle-bar partially defining a forefoot region and a heel region
raschel knitting machine may be utilized to impart various and having a longitudinal axis extending between the
textures, different properties, or different yarn types to the forefoot region and the heel region, wherein knit col-
textile element. Similarly, other types of knitting, such as flat 60 umns of the knit textile element have a knitting direc-
knitting, may be utilized within the scope of the present tion parallel to the longitudinal axis between the fore-
invention to impart various textures, different properties, or foot region and the heel region;
different yarn types to the textile element. a non-textile element secured to a first portion of the knit
The present invention is disclosed above and in the textile element defining the heel region of the upper;
accompanying drawings with reference to a variety of 65 and
embodiments. The purpose served by the disclosure, how- a plurality of strips of non-textile material secured to a
ever, is to provide an example of the various features and second portion of the knit textile element on a lateral
Case 1:23-cv-12666-JCB Document 1-11 Filed 11/06/23 Page 27 of 27
US 9,924,758 B2
13 14
side of the upper, the strips of non-textile material being
spaced apart and parallel to each other on the lateral
side; and
a sole structure secured to the upper.
11. The article of claim 10, wherein the forefoot region of 5
the knit textile element is knitted before the heel region of
the knit textile element.
12. The article of claim 10, wherein the heel region of the
knit textile element is knitted before the forefoot region of
the knit textile element. 10
13. The article of claim 10, wherein the plurality of strips
of non-textile material comprise less stretch capabilities than
the knit textile element.
14. The article of claim 10, wherein the plurality of strips
comprise at least two strips parallel to one another. 15
15. The article of claim 10, wherein the plurality of strips
comprise three strips of varying lengths.
16. The article of claim 10, wherein the plurality of strips
extend longitudinally across the lateral side of the upper.
17. The article of claim 10, wherein the plurality of strips 20
each comprise a first end extending toward the forefoot
region and a second end extending toward the heel region.
* * * * *
Case 1:23-cv-12666-JCB Document 1-12 Filed 11/06/23 Page 1 of 32
Exhibit 12
Case 1:23-cv-12666-JCB Document 1-12 Filed 11/06/23 Page 2 of 32
I 1111111111111111 1111111111 1111111111 1111111111 11111 11111 lll111111111111111
USO 11707105B2
(57) ABSTRACT
Related U.S. Application Data
An article of footwear with a knitted component including
(63) Continuation of application No. 15/961,174, filed on an upper and an integral knit ankle cuff is provided. The
Apr. 24, 2018, now Pat. No. 10,918,155, which is a upper and the ankle cuff are formed as a one-piece knit
(Continued) element. The knit element forms a portion of an exterior
surface of the upper and an opposite interior surface of the
(51) Int. Cl. upper, with the interior surface forming a void for receiving
A43B 1104 (2022.01) a foot. The ankle cuff is formed of unitary knit construction
A43B 5102 (2006.01) with the upper as a one-piece knit element and extends
(Continued) above a throat area of the upper. The ankle cuff includes
(52) U.S. Cl. malleolus zones on medial and lateral sides to correspond
CPC .................. A43B 1104 (2013.01); A43B 5102 with the ankle bones of a wearer. The knit component further
(2013.01); A43B 7120 (2013.01); A43B 23102 incorporates features to assist with providing entry for a foot
(2013.01); of a wear, providing comfort to a wearer, and to assist with
(Continued) (Continued)
Case 1:23-cv-12666-JCB Document 1-12 Filed 11/06/23 Page 3 of 32
US 11,707,105 B2
Page 2
orientation of the upper of the article of footwear when being 3,704,474 A 12/1972 Winkler
worn. 3,766,566 A 10/1973 Tadokoro
3,778,856 A 12/1973 Chriestie et al.
3,952,427 A 4/1976 Von et al.
20 Claims, 18 Drawing Sheets 3,972,086 A 8/1976 Belli et al.
4,027,402 A 6/1977 Liu et al.
4,031,586 A 6/1977 Von et al.
4,211,806 A 7/1980 Civardi et al.
4,232,458 A 11/1980 Bartels
Related U.S. Application Data 4,255,876 A * 3/1981 Johnson . A43B 5/00
continuation of application No. 14/013,446, filed on 36/129
4,255,949 A 3/1981 Thorneburg
Aug. 29, 2013, now abandoned. 4,258,480 A 3/1981 Farnolare, Jr.
4,317,292 A 3/1982 Melton
(51) Int. Cl. 4,373,361 A 2/1983 Thorneburg
A43B 7120 (2006.01) 4,397,161 A 8/1983 Chesebro et al.
A43B 23102 (2006.01) 4,413,431 A 11/1983 Cavanagh
4,447,967 A 5/1984 Zaino
D04B 1122 (2006.01) 4,451,996 A 6/1984 Norton et al.
A43B 23104 (2006.01) 4,465,448 A 8/1984 Aldridge
D04B 1110 (2006.01) 4,494,388 A 1/1985 Lau et al.
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4,737,396 A 4/1988 Kamat
(52) U.S. Cl. 4,750,339 A 6/1988 Simpson et al.
CPC ........ A43B 231024 (2013.01); A43B 2310205 4,756,098 A 7/1988 Boggia
(2013.01); A43B 2310235 (2013.01); A43B 4,785,558 A 11/1988 Shiomura
2310275 (2013.01); A43B 231042 (2013.01); 4,813,158 A 3/1989 Brown
4,939,823 A 7/1990 Klein
D04B 11104 (2013.01); D04B 11106 4,961,235 A 10/1990 Williger
(2013.01); D04B 1114 (2013.01); D04B 1122 5,031,423 A 7/1991 Ikenaga
(2013.01); D04B 1124 (2013.01); Dl0B 5,095,720 A 3/1992 Tibbals, Jr.
2401/061 (2013.01); Dl0B 2403/032 5,117,567 A 6/1992 Berger
(2013.01); Dl0B 2501/043 (2013.01); Dl0B 5,152,025 A 10/1992 Hirmas
5,185,000 A 2/1993 Brandt et al.
2501/062 (2013.01) 5,192,601 A 3/1993 Neisler
(58) Field of Classification Search 5,276,983 A 1/1994 Hatfield
CPC ..... DlOB 2501/043; A43C 1/00; A43C 1/003; 5,319,807 A 6/1994 Brier
A43C 5/00 5,345,638 A 9/1994 Nishida
5,353,524 A 10/1994 Brier
USPC ..... 36/59 R, 128, 127, 126, 50.1, 48, 49, 45 5,371,957 A 12/1994 Gaudio
See application file for complete search history. 5,421,034 A 6/1995 Keune
5,461,884 A 10/1995 Mccartney et al.
(56) References Cited 5,511,323 A 4/1996 Dahlgren
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U.S. PATENT DOCUMENTS 5,575,090 A 11/1996 Condini
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684,619 A 10/1901 Shafer 5,729,918 A 3/1998 Smets
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2,001,293 A 5/1935 Wallace 6,151,802 A 11/2000 Reynolds
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Case 1:23-cv-12666-JCB Document 1-12 Filed 11/06/23 Page 4 of 32
US 11,707,105 B2
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Case 1:23-cv-12666-JCB Document 1-12 Filed 11/06/23 Page 14 of 32
602
1020
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1010 1020 /
1000 I \ 121
:-.:,-.-•-~- '~'''-'~,-,J:1.,,9=,~
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FIG . 11 122
Case 1:23-cv-12666-JCB Document 1-12 Filed 11/06/23 Page 15 of 32
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Case 1:23-cv-12666-JCB Document 1-12 Filed 11/06/23 Page 19 of 32
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Case 1:23-cv-12666-JCB Document 1-12 Filed 11/06/23 Page 20 of 32
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Case 1:23-cv-12666-JCB Document 1-12 Filed 11/06/23 Page 21 of 32
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Case 1:23-cv-12666-JCB Document 1-12 Filed 11/06/23 Page 22 of 32
2000
FIG~ 20
Case 1:23-cv-12666-JCB Document 1-12 Filed 11/06/23 Page 23 of 32
US 11,707,105 B2
1 2
ARTICLE OF FOOTWEAR permeability for various other areas of the exterior. Accord-
INCORPORATING A KNITTED ingly, the other areas of the exterior may be formed from a
COMPONENT WITH AN INTEGRAL KNIT synthetic textile, for example. The exterior of the upper may
ANKLE CUFF be formed, therefore, from numerous material elements that
5 each impart different properties to the upper. An intermedi-
RELATED APPLICATIONS ate or central layer of the upper may be formed from a
lightweight polymer foam material that provides cushioning
This application, assigned U.S. application Ser. No. and enhances comfort. Similarly, an interior of the upper
16/907,494, filed Jun. 22, 2020, and entitled "Article of may be formed of a comfortable and moisture-wicking
Footwear Incorporating a Knitted Component with an Inte- 10 textile that removes perspiration from the area immediately
gral Knit Ankle Cuff," is a Continuation Application of U.S. surrounding the foot. The various material elements and
application Ser. No. 15/961,174, filed Apr. 24, 2018, and other components may be joined with an adhesive or stitch-
entitled "Article of Footwear Incorporating a Knitted Com- ing. Accordingly, the conventional upper is formed from
ponent with an Integral Knit Ankle Cuff," which is a various material elements that each impart different proper-
Continuation Application of U.S. application Ser. No. 15 ties to various areas of the footwear.
14/013,446, filed Aug. 29, 2013, entitled "Article of Foot-
wear Incorporating a Knitted Component with an Integral BRIEF SUMMARY OF THE INVENTION
Knit Ankle Cuff," now abandoned. The entireties of the
aforementioned applications are incorporated by reference Various configurations of an article of footwear may have
herein. 20 an upper and a sole structure secured to the upper. A knitted
component including an upper and an integral knit ankle cuff
BACKGROUND is incorporated into the article of footwear. The upper and
the integral knit ankle cuff are formed as a one-piece knit
Conventional articles of footwear generally include two element. The knit element defines a portion of an exterior
primary elements, an upper and a sole structure. The upper 25 surface of the upper and an opposite interior surface of the
is secured to the sole structure and forms a void on the upper, with the interior surface defining a void for receiving
interior of the footwear for comfortably and securely receiv- a foot. The integral knit ankle cuff is formed of unitary knit
ing a foot. The sole structure is secured to a lower surface of construction with the upper as a one-piece knit element and
the upper so as to be positioned between the upper and the extends above a throat area of the upper. The knit component
ground. In some articles of athletic footwear, for example, 30 incorporates features to assist with providing entry for a foot
the sole structure may include a midsole and an outsole. The of a wear, providing comfort to a wearer, and to assist with
midsole may be formed from a polymer foam material that orientation of the upper of the article of footwear when being
attenuates ground reaction forces to lessen stresses upon the worn.
foot and leg during walking, running, and other ambulatory In one aspect, the invention provides an article of foot-
activities. The outsole is secured to a lower surface of the 35 wear having an upper and a sole structure secured to the
midsole and forms a ground-engaging portion of the sole upper, the upper including a knitted component that is
structure that is formed from a durable and wear-resistant formed of unitary knit construction, the knitted component
material. The sole structure may also include a sockliner including: a foot region forming a substantial majority of the
positioned within the void and proximal a lower surface of upper, the foot region extending through a forefoot region,
the foot to enhance footwear comfort. 40 a midfoot region, and a heel region of the article of footwear,
The upper generally extends over the instep and toe areas the foot region including an instep area that extends between
of the foot, along the medial and lateral sides of the foot, and a medial side and a lateral side of the upper; an ankle region
around the heel area of the foot. In some articles of footwear, forming a portion of the upper that extends above the foot
such as basketball footwear and boots, the upper may extend region, the ankle region including an ankle cuff that defines
upward and around the ankle to provide support or protec- 45 a throat opening to a void within the upper for receiving a
tion for the ankle. Access to the void on the interior of the foot; wherein the ankle cuff is formed of unitary knit
upper is generally provided by an opening in a heel region construction with at least the instep area of the foot region
of the footwear. A lacing system is often incorporated into and a portion of foot region disposed on the medial side and
the upper to adjust the fit of the upper, thereby permitting lateral side in the heel region; and wherein the ankle cuff
entry and removal of the foot from the void within the upper. 50 further comprises at least one malleolus zone disposed on at
The lacing system also permits the wearer to modify certain least one of the medial side and the lateral side of the upper,
dimensions of the upper, particularly girth, to accommodate the at least one malleolus zone including a plurality of
feet with varying dimensions. In addition, the upper may indentations in an exterior surface of the ankle cuff.
include a tongue that extends under the lacing system to In another aspect, the invention provides an article of
enhance adjustability of the footwear, and the upper may 55 footwear having an upper and a sole structure secured to the
incorporate a heel counter to limit movement of the heel. upper, the upper including a knitted component that is
Various materials are conventionally used in manufactur- formed of unitary knit construction, the knitted component
ing the upper. The upper of athletic footwear, for example, including: a foot region forming a substantial majority of the
may be formed from multiple material elements. The mate- upper, the foot region extending through a forefoot region,
rials may be selected based upon various properties, includ- 60 a midfoot region, and a heel region of the article of footwear,
ing stretch-resistance, wear-resistance, flexibility, air-perme- the foot region including an instep area that extends between
ability, compressibility, and moisture-wicking, for example. a medial side and a lateral side of the upper; an ankle region
With regard to an exterior of the upper, the toe area and the forming a portion of the upper that extends above the foot
heel area may be formed of leather, synthetic leather, or a region, the ankle region including an ankle cuff that defines
rubber material to impart a relatively high degree of wear- 65 a throat opening to a void within the upper for receiving a
resistance. Leather, synthetic leather, and rubber materials foot; the instep area further including a stretch padding zone
may not exhibit the desired degree of flexibility and air- surrounded by and formed of unitary knit construction with
Case 1:23-cv-12666-JCB Document 1-12 Filed 11/06/23 Page 24 of 32
US 11,707,105 B2
3 4
the instep area, the stretch padding zone being disposed FIG. 10 is an enlarged lateral side view of a knit cuff
between the medial side and the lateral side of the upper including an exemplary embodiment of a malleolus zone;
along a top portion of the article of footwear; the stretch FIG. 11 is a cross-sectional view of an exemplary embodi-
padding zone being configured to stretch in a lateral direc- ment of a malleolus zone taken along the line shown in FIG.
tion across the article of footwear between an unstretched 5 10;
condition and a stretched condition; and wherein the stretch FIG. 12 is an enlarged lateral side view of a knit cuff
padding zone has a first thickness in the unstretched condi- including an exemplary embodiment of a malleolus zone;
tion and a second thickness in the stretched condition, the FIG. 13 is an enlarged lateral side view of a knit cuff
first thickness being larger than the second thickness. including an exemplary embodiment of a malleolus zone
In another aspect, the invention provides an article of 10 undergoing stretching;
footwear having an upper and a sole structure secured to the FIG. 14 is an exemplary embodiment of an article of
footwear including a knit cuff with a malleolus zone;
upper, the upper including a knitted component that is
FIG. 15 is an exemplary embodiment of an article of
formed of unitary knit construction, the knitted component
footwear including a knit cuff with a malleolus zone having
including: a foot region forming a substantial majority of the
15 a foot of a wearer inserted;
upper, the foot region extending through a forefoot region, FIG. 16 is an exemplary embodiment of an article of
a midfoot region, and a heel region of the article of footwear, footwear including a knit cuff with a malleolus zone with a
the foot region including an instep area that extends between foot of a wearer disposed inside;
a medial side and a lateral side of the upper; an ankle region FIG. 17 is an enlarged front view of a knit cuff including
forming a portion of the upper that extends above the foot 20 a feature to assist with orientation of the upper;
region, the ankle region including an ankle cuff that defines FIG. 18 is an enlarged front view of a knit cuff including
a throat opening to a void within the upper for receiving a an exemplary embodiment of a stretch padding zone in an
foot; and wherein the knitted component further comprises non-stretched condition;
a tied-lace receiving aperture formed into at least one of the FIG. 19 is an enlarged front view of a knit cuff including
instep area and the ankle cuff, the tied-lace receiving aper- 25 an exemplary embodiment of a stretch padding zone in a
ture being configured to receive loose ends of a tied lace stretched condition; and
within an interior of the upper. FIG. 20 is a representational view of an exemplary
Other systems, methods, features and advantages of the looping diagram for manufacturing a knitted component
invention will be, or will become, apparent to one of incorporating a stretch padding zone.
ordinary skill in the art upon examination of the following 30
figures and detailed description. It is intended that all such DETAILED DESCRIPTION
additional systems, methods, features and advantages be
included within this description and this summary, be within The following discussion and accompanying figures dis-
the scope of the invention, and be protected by the following close a variety of concepts relating to knitted components
claims. 35 and the manufacture of knitted components. Although the
knitted components may be used in a variety of products, an
BRIEF DESCRIPTION OF THE DRAWINGS article of footwear that incorporates one of the knitted
components is disclosed below as an example. FIGS. 1
The invention can be better understood with reference to through 20 illustrate an exemplary embodiment of an article
the following drawings and description. The components in 40 of footwear incorporating a knitted component including an
the figures are not necessarily to scale, emphasis instead upper and an integral knit ankle cuff. The individual features
being placed upon illustrating the principles of the inven- of the knitted component as described herein may be used in
tion. Moreover, in the figures, like reference numerals combination or may be provided separately in different
designate corresponding parts throughout the different configurations for articles of footwear. In addition, any of
views. 45 the features may be optional and may not be included in any
FIG. 1 is an isometric view of an exemplary embodiment one particular embodiment of a knitted component.
of an article of footwear; FIGS. 1 through 4 illustrate an exemplary embodiment of
FIG. 2 is a medial side view of an exemplary embodiment an article of footwear 100, also referred to simply as article
of an article of footwear; 100. In some embodiments, article of footwear 100 may
FIG. 3 is a lateral side view of an exemplary embodiment 50 include a sole structure 110 and an upper 120. Although
of an article of footwear; article 100 is illustrated as having a general configuration
FIG. 4 is a top plan view of an exemplary embodiment of suitable for soccer, concepts associated with article 100 may
an article of footwear; also be applied to a variety of other athletic footwear types,
FIG. 5 is a top plan view of an exemplary embodiment of including baseball shoes, basketball shoes, cycling shoes,
a knitted component incorporated into an upper of an article 55 football shoes, tennis shoes, running shoes, training shoes,
of footwear; walking shoes, and hiking boots, for example. The concepts
FIG. 6 is an enlarged front view of an exemplary embodi- may also be applied to footwear types that are generally
ment of a knit cuff of an article of footwear; considered to be non-athletic, including dress shoes, loafers,
FIG. 7 is an enlarged front view of an exemplary embodi- sandals, and work boots. Accordingly, the concepts dis-
ment of a knit cuff including an aperture for receiving a tied 60 closed with respect to article 100 may be applied to a wide
lace; variety of footwear types.
FIG. 8 is an enlarged front view of an exemplary embodi- For reference purposes, article 100 may be divided into
ment of a knit cuff including an aperture receiving a tied three general regions: a forefoot region 10, a midfoot region
lace; 12, and a heel region 14, as shown in FIGS. 1, 2, and 3.
FIG. 9 is an enlarged front view of an exemplary embodi- 65 Forefoot region 10 generally includes portions of article 100
ment of a knit cuff including an aperture for receiving a tied corresponding with the toes and the joints connecting the
lace shown in phantom; metatarsals with the phalanges. Midfoot region 12 generally
Case 1:23-cv-12666-JCB Document 1-12 Filed 11/06/23 Page 25 of 32
US 11,707,105 B2
5 6
includes portions of article 100 corresponding with an arch throat opening 140 located in at least heel region 14. More
area of the foot. Heel region 14 generally corresponds with particularly, the foot may be inserted into upper 120 through
rear portions of the foot, including the calcaneus bone. throat opening 140, and the foot may be withdrawn from
Article 100 also includes a lateral side 16 and a medial side upper 120 through throat opening 140. In some embodi-
18, which extend through each of forefoot region 10, mid- 5 ments, an instep area 150 extends from ankle opening 140
foot region 12, and heel region 14 and correspond with in heel region 14 over an area corresponding to an instep of
opposite sides of article 100. More particularly, lateral side the foot to an area adjacent to forefoot region 10.
16 corresponds with an outside area of the foot (i.e., the A lace 154 extends through various lace apertures in
surface that faces away from the other foot), and medial side upper 120 and permits the wearer to modify dimensions of
18 corresponds with an inside area of the foot (i.e., the 10 upper 120 to accommodate proportions of the foot. More
surface that faces toward the other foot). Forefoot region 10, particularly, lace 154 permits the wearer to tighten upper 120
midfoot region 12, and heel region 14 and lateral side 16, around the foot, and lace 154 permits the wearer to loosen
medial side 18 are not intended to demarcate precise areas upper 120 to facilitate entry and removal of the foot from the
of article 100. Rather, forefoot region 10, midfoot region 12, void (i.e., through throat opening 140). In addition, a portion
and heel region 14 and lateral side 16, medial side 18 are 15 of upper 120 in instep area 150 extends under lace 154 to
intended to represent general areas of article 100 to aid in the enhance the comfort of article 100. In further configurations,
following discussion. In addition to article 100, forefoot upper 120 may include additional elements, such as (a) a
region 10, midfoot region 12, and heel region 14 and lateral heel counter in heel region 14 that enhances stability, (b) a
side 16, medial side 18 may also be applied to sole structure toe guard in forefoot region 10 that is formed of a wear-
110, upper 120, and individual elements thereof. 20 resistant material, and (c) logos, trademarks, and placards
In an exemplary embodiment, sole structure 110 is with care instructions and material information.
secured to upper 120 and extends between the foot and the In some embodiments, lace 154 may extend through pairs
ground when article 100 is worn. In some embodiments, sole of lace apertures that are disposed along either side of instep
structure 110 may include one or more components, includ- area 150. In an exemplary embodiment, pairs of lace aper-
ing a midsole, an outsole, and/or a sockliner or insole. In an 25 tures may include a plurality of outer lace apertures 152 and
exemplary embodiment, sole structure 110 may include an a plurality of inner lace apertures 153. Plurality of outer lace
outsole 112 that is secured to a lower surface of upper 120 apertures 152 may be disposed at a first location along instep
and/or a base portion configured for securing sole structure area 150. Plurality of inner lace apertures 153 may be
110 to upper 120. In one embodiment, outsole 112 may be disposed at a second location along instep area 150 that is
formed from a wear-resistant rubber material that is textured 30 located more inward towards the middle of upper 120 than
to impart traction. In this embodiment, outsole 112 includes outer lace apertures 152 on each oflateral side 16 and medial
a plurality of cleat members 114 that are configured to side 18. In addition, the location of outer lace apertures 152
provide traction with a ground surface. Although this con- and inner lace apertures 153 may be offset along instep area
figuration for sole structure 110 provides an example of a 150 in the longitudinal direction. With this configuration,
sole structure that may be used in connection with upper 35 lace 154 may pass through an inner lace aperture 153, extend
120, a variety of other conventional or nonconventional under knitted component 130 along interior surface 122, and
configurations for sole structure 110 may also be used. exit knitted component 130 through an outer lace aperture
Accordingly, in other embodiments, the features of sole 152 to continue along exterior surface 121. Lace 154 may
structure 110 or any sole structure used with upper 120 may continue passing through plurality of apertures 152, 153 in
vary. 40 this manner throughout instep area 150.
For example, in other embodiments, sole structure 110 Many conventional footwear uppers are formed from
may include a midsole and/or a sockliner. A midsole may be multiple material elements (e.g., textiles, polymer foam,
secured to a lower surface of an upper and in some cases polymer sheets, leather, synthetic leather) that are joined
may be formed from a compressible polymer foam element through stitching or bonding, for example. In contrast, in
(e.g., a polyurethane or ethylvinylacetate foam) that attenu- 45 some embodiments, a majority of upper 120 is formed from
ates ground reaction forces (i.e., provides cushioning) when a knitted component 130, which will be discussed in more
compressed between the foot and the ground during walk- detail below. Knitted component 130 may, for example, be
ing, running, or other ambulatory activities. In other cases, manufactured through a flat knitting process and extends
a midsole may incorporate plates, moderators, fluid-filled through each of each of forefoot region 10, midfoot region
chambers, lasting elements, or motion control members that 50 12, and heel region 14, along both lateral side 16 and medial
further attenuate forces, enhance stability, or influence the side 18, over forefoot region 10, and around heel region 14.
motions of the foot. In still other cases, the midsole may be In an exemplary embodiment, knitted component 130 forms
primarily formed from a fluid-filled chamber that is located substantially all of upper 120, including exterior surface 121
within an upper and is positioned to extend under a lower and a majority or a relatively large portion of interior surface
surface of the foot to enhance the comfort of an article. 55 122, thereby defining a portion of the void within upper 120.
In some embodiments, upper 120 defines a void within In some embodiments, knitted component 130 may also
article 100 for receiving and securing a foot relative to sole extend under the foot. In other embodiments, however, a
structure 110. The void is shaped to accommodate the foot strobe! sock or thin sole-shaped piece of material is secured
and extends along a lateral side of the foot, along a medial to knitted component 130 to form a base portion of upper
side of the foot, over the foot, around the heel, and under the 60 120 that extends under the foot for attachment with sole
foot. Upper 120 includes an exterior surface 121 and an structure 110. In addition, a seam extends vertically through
opposite interior surface 122. Whereas exterior surface 121 heel region 14, as depicted in FIG. 4, to join edges of knitted
faces outward and away from article 100, interior surface component 130.
122 faces inward and defines a majority or a relatively large Additionally, while knitted component 130 forms portions
portion of the void within article 100 for receiving the foot. 65 of both of exterior surface 121 and interior surface 122, in
Moreover, interior surface 121 may lay against the foot or a some embodiments, a polymer layer or a skin layer may be
sock covering the foot. Access to the void is provided by a bonded with areas of knitted component 130, as disclosed in
Case 1:23-cv-12666-JCB Document 1-12 Filed 11/06/23 Page 26 of 32
US 11,707,105 B2
7 8
U.S. Ser. No. 13/079,653 to Dua, entitled "Article Of located within the void. Accordingly, ankle cuff 160 and
Footwear Having A Knit Upper With A Polymer Layer", other portions of knitted component 130 in ankle region 30
filed on Apr. 4, 2011 and published on Oct. 4, 2012 as U.S. may be formed to have stretch properties.
Patent Application Publication 2012/0246973, the disclo- In some embodiments, knitted component 130 may
sure of which application is entirely incorporated herein by 5 include one or more features to assist with providing entry
reference. for a foot of a wear, providing comfort to a wearer, and to
In some embodiments, article 100 may include an integral assist with orientation of upper 120 of article 100 when
knit ankle cuff 160 for covering at least a portion of an ankle being worn. In an exemplary embodiment, ankle cuff 160
of the wearer. In addition to covering the foot, therefore, may include features that are configured to correspond with
upper 120 extends upward and covers a portion of the ankle. 10 the lateral and medial malleolus bones of a wearer. In one
For reference purposes, upper 120 may be divided into two embodiment, ankle cuff 160 includes malleolus zone 164
general regions: a foot region 20 and an ankle region 30, as disposed on each of lateral side 16 and medial side 18 of
shown in FIGS. 1, 2, and 3. Foot region 20 extends through upper 120. As described in more detail below, malleolus
each of forefoot region 10, midfoot region 12, and heel zone 164 provides a knit structure on ankle cuff 160 that
region 14 and generally encompasses portions of upper 120 15 allows for increased stretch and comfort to a wearer of
corresponding with the foot. In many configurations of article 100. Additionally, malleolus zone 164 may assist with
article 100, foot region 20 corresponds with portions of maintaining an orientation of upper 120 on a foot of a wearer
upper 120 that are intended to be below the lateral malleolus by covering and closely fitting to the malleolus bones of the
and the medial malleolus (i.e., the bony prominences on wearer.
each side of the ankle) of the wearer. Ankle region 30 is 20 In some embodiments, knitted component 130 may fur-
primarily located in heel region 14 and generally encom- ther include a tied-lace receiving aperture 162. In an exem-
passes portions of upper 120 corresponding with the ankle. plary embodiment, tied-lace receiving aperture 162 may be
In many configurations of article 100, ankle region 30 disposed on a portion of instep area 150 and/or ankle cuff
corresponds with portions of upper 120 that are intended to 160 proximate to or adjacent to boundary region 200
cover and extend above the lateral malleolus and the medial 25 between foot region 20 and ankle region 30. With this
malleolus. configuration, tied-lace receiving aperture may be located
In an exemplary embodiment, a boundary region 200 approximately where lacing apertures 152, 153 end at a top
separates foot region 20 from ankle region 30. In this portion of a lacing region of upper 120. In one embodiment,
embodiment, boundary region 200 defines the portion of tied-lace receiving aperture 162 may be configured to
upper 120 where ankle cuff 160 begins to extend upwards 30 receive a tied and knotted lace, for example, lace 154.
from foot region 20. In some embodiments, boundary region Knitted component 130 extends throughout upper 120
200 may demarcate the portion of knitted component 130 and forms a majority of interior surface 122, thereby defin-
where the properties of the knit structure associated with ing a portion of the void within upper 120. Although seams
ankle cuff 160, for example, a stitch type, a yam type, or may be present in knitted component 130, a majority of
characteristics associated with different stitch types or yarn 35 knitted component 130 has a substantially seamless con-
types, including aesthetics, stretch, thickness, air permeabil- figuration. Moreover, knitted component 130 may be formed
ity, and abrasion-resistance, may be varied from the remain- of unitary knit construction. As utilized herein, a knitted
ing portion of upper 120. It should be understood that in component (e.g., knitted component 130) is defined as being
some cases, boundary region 200 may be visibly indicated formed of "unitary knit construction" when formed as a
on upper 120 by virtue of differences in the knit structure or 40 one-piece element through a knitting process. That is, the
other indicia. In other cases, however, boundary region 200 knitting process substantially forms the various features and
may not be visible on upper 120 and the portion of upper 120 structures of knitted component 130 without the need for
associated with foot region 20 and ankle region 30 may have significant additional manufacturing steps or processes. A
a continuous appearance. unitary knit construction may be used to form a knitted
Ankle cuff160 is located in ankle region 30 and forms an 45 component having structures or elements that include one or
ankle part of knitted component 130. A remainder of knitted more courses of yam or other knit material that are joined
component 130, which is located in foot region 20, forms a such that the structures or elements include at least one
foot part of knitted component 130. Whereas the foot part of course in common (i.e., sharing a common yarn) and/or
knitted component 130 covers the foot of the wearer, the include courses that are substantially continuous between
ankle part of knitted component 130, which includes ankle 50 each of the structures or elements. With this arrangement, a
cuff 160, covers the ankle of the wearer when article 100 is one-piece element of unitary knit construction is provided.
worn. Moreover, ankle cuff 160 and the ankle part of knitted Although portions of knitted component 130 may be
component 130 may be formed of unitary knit construction joined to each other (e.g., edges of knitted component 130
with the foot part of knitted component 130. being joined together) following the knitting process, knitted
Although a seam may be present in ankle cuff 160, the 55 component 130 remains formed of unitary knit construction
ankle part of knitted component 130 has a continuous because it is formed as a one-piece knit element. Moreover,
structure for extending entirely around the ankle of the knitted component 130 remains formed of unitary knit
wearer. Referring to the top plan view of FIG. 4, ankle cuff construction when other elements (e.g., a lace, logos, trade-
160 forms a circular, oval, or otherwise continuous and marks, placards with care instructions and material infor-
rounded throat opening 140 that provides access to the void 60 mation, structural elements) are added following the knitting
within upper 120. Throat opening 140 may have relatively process.
large dimensions that allow the foot to pass through and into Examples of various configurations of knitted compo-
the void. In some embodiments, throat opening 140 may nents that may be utilized for knitted component 130 are
stretch to accommodate the foot. Moreover, ankle cuff 160 disclosed in U.S. Pat. No. 6,931,762 to Dua; U.S. Pat. No.
may have dimensions that are smaller than an average ankle 65 7,347,011 to Dua, et al.; U.S. Patent Application Publication
diameter. Therefore, ankle cuff 160 may remain somewhat 2008/0110048 to Dua, et al.; U.S. Patent Application Pub-
stretched and lay firmly against the ankle once the foot is lication 2010/0154256 to Dua; and U.S. Patent Application
Case 1:23-cv-12666-JCB Document 1-12 Filed 11/06/23 Page 27 of 32
US 11,707,105 B2
9 10
Publication 2012/0233882 to Huffa, et al., the disclosures of knitting to ankle cuff160 forward of throat opening 140 such
each of which are entirely incorporated herein by reference. that instep area 150 and ankle cuff 160 include at least one
The primary elements of knitted component 130 are a knit course in common and/or include courses that are substan-
element 131 and an inlaid strand 132. Knit element 131 is tially continuous.
formed from at least one yarn that is manipulated (e.g., with 5 Referring now to FIG. 5, an exemplary embodiment of
a knitting machine) to form a plurality of intermeshed loops knitted component 130 is shown in a planar or flat configu-
that define a variety of courses and wales. That is, knit ration. In this embodiment, knitted component 130 has a
element 131 has the structure of a knit textile. Inlaid strand generally Y-shaped configuration that is outlined by an outer
132 extends through knit element 131 and passes between perimeter. In this embodiment, the outer perimeter includes
the various loops within knit element 131. Although inlaid 10
a front perimeter edge 510, a lateral perimeter edge 500, and
strand 132 generally extends along courses within knit
a medial perimeter edge 502 disposed opposite lateral
element 131, inlaid strand 132 may also extend along wales
perimeter edge 500. The outer perimeter edge of knitted
within knit element 131. Advantages of inlaid strand 132
include providing support, stability, and structure. For component 130 also includes a pair of heel edges, including
example, inlaid strand 132 assists with securing upper 120 15
a lateral heel edge 504 and a medial heel edge 506. In an
around the foot, limits deformation in areas of upper 120 exemplary embodiment, knitted component 130 may further
(e.g., imparts stretch-resistance), and operates in connection include an inner perimeter that will be associated with and
with lace 154 to enhance the fit of article 100. U.S. Patent define throat opening 140, described above. In this embodi-
Application Publication 2012/0233882 to Huffa, et al., ment, the inner perimeter of knitted component 130 includes
which was referenced above and incorporated herein, pro- 20 inner perimeter edge 508. When incorporated into an article
vides discussion of the manner in which knitted component of footwear, including footwear 100, front perimeter edge
130 may be formed, including the process of inlaying or 510, lateral perimeter edge 500, medial perimeter edge 502,
otherwise locating inlaid strand 132 within knit element 131. and at least a portion oflateral heel edge 504 and medial heel
In some embodiments, inlaid strand 132 may extend edge 506 lays against an upper surface of sole structure 110
through knit element 131 in an upwards direction from sole 25 and may be joined to a strobe! sock or sockliner. In addition,
structure 110 towards instep area 150. In an exemplary lateral heel edge 504 and medial heel edge 506 are joined to
embodiment, inlaid strand 132 may extend between each each other and extend vertically in heel region 14 of article
inner lace aperture 153 and each outer lace aperture 152 and 100. In some embodiments of an article of footwear, a
extend back in a downwards direction from instep area 150 material element may cover a seam between lateral heel
towards sole structure 110. For example, inlaid strand 132 30 edge 504 and medial heel edge 506 to reinforce the seam and
may form a loop around outer lace aperture 152, while inner enhance the aesthetic appeal of the footwear.
lace aperture 153 is located outside of the loop. With this Knitted component 130 may include instep area 150 that
configuration, inlaid strand 132 may reinforce outer lace is formed of unitary knit construction with the remaining
aperture 152. portion of upper 120 and ankle cuff 160, as described above.
In addition, when article 100 is provided with lace 154, 35 In some embodiments, instep area 150 includes plurality of
inlaid strand 132 extending around outer lace aperture 152 lace apertures 152, 153 disposed in knitted component 130.
may assist with providing support and/or stability to a foot As described above, lace apertures 152, 153 may extend
of a wearer. In some embodiments, inlaid strand 132 may be through knitted component 130 and are configured to
tensioned when lace 154 is tightened, and inlaid strand 132 receive a lace, including lace 154. In an exemplary embodi-
resists stretch in upper 120. Moreover, inlaid strand 132 40 ment, lace apertures 152, 153 are formed directly into
assists with securing upper 120 around the foot and operates knitted component 130 by knitting. In other embodiments,
in connection with lace 154 to enhance the fit of article 100. however, lace apertures 152, 153 may include additional
For example, in embodiments where lace 154 passes into reinforcing elements added to knitted component 130. In
knitted component 130 through inner lace aperture 153 and some embodiments, instep area 150 may further include
exits knitted component 130 through outer lace aperture 45 tied-lace receiving aperture 162. As described above, tied-
152, lace 154 is disposed through the loop formed by inlaid lace receiving aperture 162 may be disposed on a portion of
strand 132 and allows adjustment of the fit of upper 120 by instep area 150 and/or ankle cuff 160 proximate to or
pulling lace 154 tight. In one embodiment, inlaid strand 132 adjacent to boundary region 200. In an exemplary embodi-
may extend around outer lace aperture 152 while remaining ment, tied-lace receiving aperture 162 may be formed in a
within knit element 131. That is, inlaid strand 132 may 50 similar manner as lace apertures 152, 153. In one embodi-
extend through knitted component 130 within one or more ment, tied-lace receiving aperture 162 may be formed
courses and/or wales of knit element 131. In other embodi- directed into knitted component 130 using a button-hole
ments, however, inlaid strand 132 may exit knit element 131 stitch or other suitable type of stitch. In other embodiments,
at one or more portions so as to be exposed on exterior tied-lace receiving aperture 162 is optional and may be
surface 121 and/or interior surface 122. 55 omitted.
In an exemplary embodiment, instep area 150 extending As shown in FIG. 5, each of lateral side 16 and medial
between medial side 18 and lateral side 16 may be formed side 18 may be associated with a single inlaid strand 132 that
of unitary knit construction with upper 120 and ankle cuff alternately passes through knit element 131 and extends
160. As shown in FIG. 4, the portion of knitted component outside of knit element 131 at portions of knitted component
130 forming instep area 150 may be substantially continuous 60 130. In this embodiment, inlaid strand 132 exits knit element
with the remaining portion of knitted component forming 131 at various portions of knitted component 130 along each
upper 120 and ankle cuff 160. In this embodiment, instep of lateral perimeter edge 500 and medial perimeter edge 502
area 150 is joined through knitting to upper 120 along each before extending back into knit element 131. With this
of a lateral side and a medial side of instep area 150 such that arrangement, a single inlaid strand 132 may be used for each
instep area 150 and upper 120 include at least one course in 65 of lateral side 16 and medial side 18 of upper 120. In other
common and/or include courses that are substantially con- embodiments, however, additional inlaid strands may be
tinuous. In addition, instep area 150 is joined through provided at various portions of knitted component 130.
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In various embodiments, a knitted component may incor- a relatively small stretch-resistance (i.e., permitting stretch)
porate various types of yarn that impart different properties to ankle cuff 160 is that this area of knitted component 130
to separate areas of the upper. For example, one area of will elongate or otherwise stretch as the foot is inserted into
knitted component 130 may be formed from a first type of upper 120 and withdrawn from upper 120 through throat
yarn that imparts a first set of properties, and another area of 5 opening 140 formed by ankle cuff 160. Additionally, ankle
first knitted component 130 may be formed from a second cuff 160 may remain in a partially stretched state and lay
type of yam that imparts a second set of properties. In this against the ankle when article 100 is worn, thereby prevent-
configuration, properties may vary throughout upper 120 by ing dirt, pebbles, and other debris from entering article 100
selecting specific yams for different areas of knitted com- through throat opening 140.
ponent 130. 10 In an exemplary embodiment, ankle cuff 160 may include
The properties that a particular type of yarn will impart to malleolus zone 164 disposed on each of lateral side 16 and
an area of a knitted component partially depend upon the medial side 18. As described in more detail with reference
materials that form the various filaments and fibers within to FIGS. 10 through 17, malleolus zone 164 provides a knit
the yam. Cotton, for example, provides a soft hand, natural structure on ankle cuff 160 that allows for increased stretch
aesthetics, and biodegradability. Elastane and stretch poly- 15 and comfort to a wearer of article 100. Additionally, mal-
ester each provide substantial stretch and recovery, with leolus zone 164 may assist with maintaining an orientation
stretch polyester also providing recyclability. Rayon pro- of upper 120 on a foot of a wearer by covering and closely
vides high luster and moisture absorption. Wool also pro- fitting to the malleolus bones of the wearer.
vides high moisture absorption, in addition to insulating Referring now to FIGS. 6 through 9, an exemplary
properties and biodegradability. Nylon is a durable and 20 embodiment of tied-lace receiving aperture 162 is illustrated
abrasion-resistant material with relatively high strength. on ankle cuff 160. In some embodiments, tied-lace receiving
Polyester is a hydrophobic material that also provides rela- aperture 162 may be located in instep area 150 or ankle cuff
tively high durability. 160. The location of tied-lace receiving aperture 162 may be
In addition to materials, other aspects of the yams selected chosen to correspond to the location of the top-most set of
for a knitted component may affect the properties of the 25 lace apertures 152, 153 or slightly above the top-most set of
upper. For example, a yarn forming knitted component 130 lace apertures 152, 153. In this embodiment, the top-most set
may be a monofilament yarn or a multifilament yarn. The of lace apertures 152, 153 are disposed on each of lateral
yarn may also include separate filaments that are each side 16 and medial side 18 closest to a top edge 602 of throat
formed of different materials. In addition, the yarn may opening 140. With this configuration, once lace 154 extends
include filaments that are each formed of two or more 30 through the top-most set of lace apertures 152, 153, the tied
different materials, such as a bi-component yarn with fila- and knotted lace may be tucked through a hole 600 defined
ments having a sheath-core configuration or two halves by tied-lace receiving aperture 162. As shown in FIG. 6, hole
formed of different materials. Different degrees of twist and 600 extends through upper 120 from exterior surface 121 to
crimping, as well as different deniers, may also affect the interior surface 122.
properties of upper 120. Accordingly, both the materials 35 FIGS. 7 through 9 illustrate an exemplary process of using
forming the yarn and other aspects of the yam may be tied-lace receiving aperture 162 to tuck loose ends of a tied
selected to impart a variety of properties to separate areas of and knotted lace into hole 600 so that the loose ends of the
upper 120. tied and knotted lace is disposed within the interior of upper
In some embodiments, integral knit ankle cuff 160 may 120. As shown in FIG. 7, article 100 may be optionally
extend from instep area 150 of knitted component 130 40 fastened to a desired amount of tightness around a foot
rearwards to inner perimeter edge 508 and may further within the interior of upper 120 by using lace 154 disposed
extend across to lateral heel edge 504 and medial heel edge through lace apertures 152, 153. Once lace 154 is at the
506. In an exemplary embodiment, ankle cuff160 is formed desired amount of tightness, lace 154 may then be tied and
of unitary knit construction with upper 120 at a rearward knotted into a bow 700. It should be understood that bow
portion of instep area 150 of knitted component 130 as well 45 700 is illustrated for purposes of example, however, in other
as on each of lateral side 16 and medial side 18 of upper 120 embodiments, different mechanisms may be used to hold
along boundary region 200. That is, ankle cuff 160 is joined lace 154 securely in a tightened configuration.
through knitting to upper 120 at the rearward portion of Next, as shown in FIG. 8, the loose ends of bow 700,
instep area 150 such that ankle cuff 160 and instep area 150 including the lace loops and trailing lace ends, may begin to
of upper 120 include at least one course in common and/or 50 be disposed through hole 600 formed by tied-lace receiving
include courses that are substantially continuous between aperture 162. In an exemplary embodiment, the portion of
ankle cuff 160 and upper 120. Similarly, ankle cuff 160 is knitted component forming ankle cuff 160 and/or instep area
joined through knitting approximately along boundary 150 around tied-lace receiving aperture 162 may stretch to
region 200 extending around upper 120, including along assist with tucking the loose ends of bow 700 into hole 600.
each side of upper 120 at lateral heel edge 504 and medial 55 Finally, as shown in FIG. 9, the loose ends of bow 700 have
heel edge 506. It should be noted that although a dashed line been fully inserted through hole 600 of tied-lace receiving
is utilized to separate and define where ankle cuff 160 begins aperture 162 so that the loose ends of bow 700 of lace 154
on knitted component 130, the dashed line may be for are disposed within the interior of upper 120 against interior
reference not visible in some configurations of knitted surface 122 of knitted component 130. In this embodiment,
component 130. 60 the knot of bow 700 remains outside of hole 600 on exterior
In some embodiments, ankle cuff 160 forms a circular or surface 121. However, in other embodiments, tied-lace
tubular structure in upper 120 that corresponds to throat receiving aperture 162 may be configured to accommodate
opening 140 of article 100. When article 100 is worn, ankle all of bow 700, including the loose ends and the knot.
cuff 160 extends around or encircles an ankle of the wearer By placing the loose ends of bow 700 within hole 600 of
and may lay against the ankle. In some embodiments, ankle 65 tied-lace receiving aperture 162, the trailing ends oflace 154
cuff 160 may exhibit a greater ability to stretch than the and the lace loops of bow 700 are moved within upper 120
remaining portion of upper 120. An advantage of imparting so that exterior surface 121 remains relatively uniform. This
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13 14
configuration helps to reduce the likelihood that the trailing mesh knit structures may be similarly formed. Additionally,
ends oflace 154 and/or lace loops of bow 700 may interfere in other embodiments, a combination of 1xl mock mesh knit
with article 100 when being worn. For example, in embodi- structures, 2x2 mock mesh knit structures, or larger mock
ments where article 100 is a soccer shoe, tied-lace receiving mesh knit structures may be used together to form malleolus
aperture 162 may be used to provide a generally uniform 5 zone 164.
exterior surface 121 for kicking a soccer ball. With this Suitable mock mesh knit structures with accompanying
configuration, the loose ends of bow 700, including the lace loop diagrams for knitting such mock mesh knit structures
loops of bow 700 and/or the trailing ends of lace 154, are for use in the present embodiments are described in U.S.
protected within the interior of upper 120 and may be Patent Application Publication 2012/0233882 to Huffa et al.,
prevented from flopping around and interfering when con- 10 which was referenced above and incorporated herein.
tacting the soccer ball. In an exemplary embodiment, malleolus zones 164 dis-
Referring now to FIGS. 10 through 17, an exemplary posed on lateral side 16 and medial size 18 provide addi-
embodiment of integral knit ankle cuff 160 is illustrated. In tional stretch to ankle cuff 160. As shown in FIGS. 12 and
some embodiments, ankle cuff160 may include features that 13, ankle cuff 160 is shown undergoing stretching with
are configured to correspond with the lateral and medial 15 malleolus zone 164. FIG. 12 illustrates an unstretched
malleolus bones of a wearer. In one embodiment, ankle cuff condition of ankle cuff 160. In this embodiment, malleolus
160 includes malleolus zone 164 disposed on each of lateral zone 164 includes plurality of indentations 1020, including
side 16 and medial side 18 of upper 120. An exemplary a first indentation 1200 and a second indentation 1202. First
embodiment of a knit structure forming malleolus zone 164 indentation 1200 and second indentation 1202 are disposed
will be described below. 20 on opposite ends of malleolus zone 164, with first indenta-
In an exemplary embodiment, knit element 131 includes tion 1200 disposed rearwards on ankle cuff160 in a direction
at least two knit layers interlocked with each other at one or towards heel region 14 and with second indentation 1202
more portions to form knitted component 130. In this disposed forward on ankle cuff 160 in a direction towards
embodiment, a first knit layer 1000 forms a majority of a first forefoot region 10.
side of knitted component 130. In some embodiments, first 25 In one embodiment, first indentation 1200 and second
knit layer 1000 may be associated with a majority of exterior indentation 1202 may be separated by a first length Ll on
surface 121. A second knit layer 1010 forms a majority of a ankle cuff 160. In this embodiment, first length Ll represents
second side of knitted component 130, disposed opposite to the widest portion of malleolus zone 164. In other embodi-
the first side. In some embodiments, second knit layer 1010 ments, however, malleolus zone 164 may have a different
may be associated with a majority of interior surface 122. 30 shape associated with a larger or smaller length. Addition-
As shown in FIG. 10, in this embodiment, malleolus zone ally, in this embodiment, malleolus zone 164 is associated
164 may include a plurality of indentations 1020 in exterior with plurality of indentations 1020 arranged in an approxi-
surface 121 of ankle cuff 160. Plurality of indentations 1020 mately hexagonal-shaped configuration. However, in other
are gaps or voids in first knit layer 1000 that allow second embodiments, the arrangement of plurality of indentations
layer 1010 to be exposed to the exterior of knitted compo- 35 1020 associated with malleolus zone 164, including number
nent 130. That is, in this embodiment, exterior surface 121 and/or location of indentations, may be varied. For example,
includes first knit layer 1000 and a portion of second knit in other embodiments, the arrangement of plurality of inden-
layer 1010 that is disposed within the bottom of plurality of tations 1020 may be associated with any geometric or
indentations 1020. non-geometric shape, including circular, oval, square, trian-
Referring now to FIG. 11, a cross-sectional view of 40 gular, rectangular, and other desired arrangements. In an
malleolus zone 164 is illustrated to show the knit structure exemplary embodiment, the arrangement of plurality of
including first knit layer 1000 and second knit layer 1010. In indentations 1020 associated with malleolus zone 164 may
this embodiment, each indentation of plurality of indenta- be chosen to approximately conform to the shape of an ankle
tions 1020 has a depth that is approximately equal to the of a wearer.
thickness of first layer 1000. By knitting knit element 131 45 Referring now to FIG. 13, ankle cuff 160 is illustrated
such that first layer 1000 includes selectively placed gaps or undergoing stretching. In one embodiment, when ankle cuff
voids, second layer 1010 may be exposed to form plurality 160 is in a stretched condition, for example, as may occur
of indentations 1020. when a foot is inserted within upper 120 through throat
In some embodiments, malleolus zone 164 is formed by opening 140, malleolus zone 164 is configured to assist with
knitting ankle cuff160 of knitted component 130 with a knit 50 providing stretch to ankle cuff 160. In this embodiment, first
structure that forms plurality of indentations 1020 during the indentation 1200 and second indentation 1202 may be
knitting process. A suitable knit structure for forming mal- separated by a second length L2 on ankle cuff 160. In this
leolus zone 164 includes a lxl mock mesh knit structure or embodiment, second length L2 represents a stretched con-
2x2 mock mesh structure. In contrast with a mesh knit dition of malleolus zone 164. Second length L2 may be
structure, which may be used to form apertures that extend 55 larger than first length Ll. In some cases, second length L2
fully through knit element 131, including both first knit layer may be significantly larger than first length Ll. For example,
1000 and second knit layer 1010, a mock mesh knit structure depending on the type of knit structure used to form mal-
forms indentations in first knit layer 1000, as depicted in leolus zone 164 and the choice of yam type, malleolus zone
FIG. 11. In addition to enhancing the aesthetics of article 164 may undergo a significant amount of stretch compared
100, a mock mesh knit structure may enhance flexibility and 60 with the remaining portion of ankle cuff 160 such that
decrease the overall mass of knitted component 130. In second length L2 may be at least 50% larger than first length
comparison with a lxl mock mesh knit structure, a 2x2 Ll. In other embodiments, second length L2 may be
mock mesh knit structure forms larger indentations in first between 25% and 50% larger than first length Ll. In still
knit layer 1000. Depending on the desired size of plurality other embodiments, second length L2 may be over 50%
of indentations 1020 associated with malleolus zone 164, a 65 larger than first length L1.
lxl mock mesh knit structure or a 2x2 mock mesh knit FIGS. 14 through 16 illustrate an exemplary process of
structure may be used. In other embodiments, larger mock inserting a foot 1400 of a wearer into upper 120 of article
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15 16
100 provided with ankle cuff 160 including malleolus zones may remain substantially oriented in the same location on
164. As shown in FIG. 14, article 100 is configured to upper 120. According, upper 120 may substantially maintain
receive foot 1400 of a wearer within the interior void of a desired orientation on a foot of a wearer. For example, in
upper 120 through throat opening 140 defined by ankle cuff embodiments where article 100 is a soccer shoe, malleolus
160. Foot 1400 includes ankle bone 1402, also known as 5 zone 164 may assist with maintaining the orientation of
lateral malleolus, shown on lateral side 16. Similarly, foot upper 120 such that a generally smooth exterior surface 121
1400 further includes a medial malleolus 1404 (shown in is provided for kicking a soccer ball.
FIG. 17) disposed opposite the lateral malleolus. In various embodiments, malleolus zone 164 having
Referring now to FIG. 15, foot 1400 is shown in the plurality of indentations 1020 may provide additional aes-
process of being inserted through throat opening 140. As 10 thetic features to ankle cuff 160. For example, by selection
described above, ankle cuff 160 including malleolus zone of yams having different colors for each of first knit layer
164 may assist with stretching ankle cuff 160 during inser- 1000 and second knit layer 1010, a contrasting or coordi-
tion of foot 1400 within article 100. Additionally, as seen in nating visual effect may be provided on ankle cuff 160. For
FIG. 15, instep area 150 may also be configured to stretch, example, team colors or user-selected choice of colored
as will be further described below, to accommodate entry of 15 yarns forming each of first knit layer 1000 and second knit
foot 1400 within upper 120. FIG. 16 illustrates once foot layer 1010 may be selected so that the color of second knit
1400 has been inserted within upper 120 of article 100. In layer 1010 is visible on plurality of indentations 1020 of
this embodiment, malleolus zone 164 approximately corre- malleolus zone 164.
sponds to the location of ankle bone 1402 on foot 1400. In some embodiments, knitted component 130 may
Similarly, malleolus zone 164 disposed on medial side 18 of 20 include additional features on upper 120 that provide com-
ankle cuff 160 may also correspond to the location of medial fort and/or cushioning to a foot of a wearer. In an exemplary
malleolus 1404 of foot 1400. By providing ankle cuff 160 embodiment, knitted component 130 may include a stretch
with additional stretch features, ankle cuff 160 may closely padding zone disposed in instep area 150 that is configured
correspond and encircle foot 1400 above ankle bone 1402. to stretch to assist with entry of a foot inside upper 120 and
With this configuration, upper 120 may tightly and securely 25 provides cushioning once the foot has been inserted. FIGS.
fit foot 1400 of a wearer. 18 through 20 illustrate an exemplary embodiment of a
Additionally, as shown in FIG. 16, upper 120 further stretch padding zone 1800 disposed through instep area 150
provides additional comfort to foot 1400 of a wearer by of upper 120. As shown in FIG. 18, stretch padding zone
accommodating and allowing ankle cuff 160 to stretch at extends between lateral side 16 and medial side 18 of upper
malleolus zone 164. In this embodiment, the protruding 30 120 from a medial edge 1802 to a lateral edge 1804 adjacent
portion of ankle bone 1402 may bulge outwards of ankle cuff to lace apertures 152, 153 approximately in the middle of
160 at malleolus zone 164. With this configuration, because upper 120. In this embodiment, stretch padding zone 1800
malleolus zone 164 may have a reduced stretch resistance may have an approximately elongated oval or diamond
than the remaining portion of ankle cuff 160, malleolus zone shape, including a top edge 1806 disposed in a direction
164 reduces pressure on ankle bone 1402 and allows ankle 35 towards throat opening 140 and a bottom edge 1808 dis-
cuff 160 to comfortably surround foot 1400 of a wearer. posed opposite top edge 1806 in a direction away from
Additionally, malleolus zone 164 may further assist with throat opening 140 towards forefoot region 10. It should be
maintaining an orientation of upper 120 on a foot of a wearer noted that although a dashed line is utilized to separate and
by covering and closely fitting to the lateral and medial define stretch padding zone 1800 on knitted component 130,
malleolus bones of the wearer. As shown in FIG. 17, a front 40 the dashed line may be for reference only and may not
view of article 100 is illustrated with foot 1400 disposed correspond to any visual line on knitted component 130.
within. In this embodiment, lateral malleolus 1402 and In an exemplary embodiment, stretch padding zone 1800
medial malleolus 1404 are covered by malleolus zones 164 may be formed by knitting using a knit structure that
of ankle cuff 160. By allowing each of lateral malleolus provides cushioning in an unstretched condition and pro-
1402 and medial malleolus 1404 to bulge outwards at 45 vides flexibility in a stretched condition. In one embodiment,
malleolus zones 164, ankle cuff 160 may assist with main- stretch padding zone 1800 may include a stretch knit struc-
taining a desired orientation of upper 120. ture 1810 that is formed ofunitary knit construction with the
In this embodiment, a vertical axis 1700 and a lateral axis remaining portion of upper 120, including instep area 150
1702 are shown intersecting at an approximate midpoint and ankle cuff 160. In an exemplary embodiment, stretch
1704. Midpoint 1704 may located a first distance Dl from 50 padding zone 1800 may be surrounded by the remaining
a lateral malleolus end 1710 associated with lateral malleo- portion of upper 120 having a different knit structure than
lus 1402 of foot 1400 extending outward through malleolus stretch knit structure 1810. Stretch knit structure 1810 may
zone 164 on lateral side 16 of ankle cuff 160. Similarly, be a knit structure that has a reduced or smaller amount of
midpoint 1704 may be located a second distance D2 from a stretch resistance than the remaining portion of upper 120.
medial malleolus end 1712 associated with medial malleolus 55 For example, stretch padding zone 1800 may have stretch
1404 of foot 1400 extending outward through malleolus knit structure 1810 shown by looping diagram 2000 in FIG.
zone 164 on lateral side 16 of ankle cuff 160. In this 20, described below. In one embodiment, portions of upper
embodiment, first distance Dl and second distance D2 are 120 surrounding stretch padding zone 1800 may include a
approximately equal such that midpoint 1704 is approxi- jersey knit structure or a double jersey knit structure. For
mately equidistant from each of lateral malleolus end 1710 60 example, stretch knit structure 1810 may be used to knit
and medial malleolus end 1712. stretch padding zone 1800 such that stretch padding zone
Because the portion of ankle cuff 160 associated with each 1800 may stretch in a lateral direction from medial edge
malleolus zone 164 has a smaller or reduced amount of 1802 to lateral edge 1804, while remaining relatively resis-
stretch resistance than the remaining portion of ankle cuff tant to stretch along a longitudinal direction between top
160, the lateral malleolus 1402 and medial malleolus 1404 65 edge 1806 and bottom edge 1808.
of foot 1400 will tend to remain within the corresponding In addition, in some embodiments, the stretch properties
malleolus zone 164. With this arrangement, midpoint 1704 of stretch padding zone 1800 may be further enhanced or
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17 18
increased by using an elastic yam to form stretch knit between each of the front bed and the back bed, with knit
structure 1810. With this configuration, the combination of stitches performed on the back bed and tuck stitches on the
reduced stretch resistance provided by stretch knit structure front bed.
1810 and the reduced stretch resistance provided by an Next, in a second step 2004, the yam or thread passes in
elastic yarn may provide an increased or greater amount or 5 an alternating manner between the front bed and back bed
degree of stretch to stretch padding zone 1800. For example, with knit stitches performed on the front bed at needles
such increased or greater amount of stretch may assist a disposed in between the needles having tuck stitches per-
wearer with inserting a foot into upper 120. formed in first step 2002. Similarly, in second step 2004,
FIG. 18 illustrates stretch padding zone 1800 in an tuck stitches are performed on the back bed at needles
10 disposed in between the needles having knit stitches per-
unstretched condition. In this configuration, stretch padding
formed in first step 2002. At a third step 2006, knit stitches
zone 1800 may have a first width Wl across upper 120
are performed on the back bed on the same needles that are
between medial edge 1802 and lateral edge 1804. In addi-
holding the yarn or thread from tuck stitches performed in
tion, in the unstretched condition, stretch padding zone 1800 second step 2004. Additionally, in third step 2006, tuck
may have a first thickness Tl in the area of knitted compo- 15 stitches are performed on the front bed on the same needles
nent 130 between exterior surface 121 and interior surface as the needles that had knit stitches performed in second step
122. In an exemplary embodiment, first thickness Tl may be 2004.
provided to assist with cushioning and/or padding an instep Finally, in a fourth step 2008, the yam or thread is knit
of a foot of a wearer of article 100. For example, in stitched on the same needles on front bed as the tuck stitches
embodiments where article 100 is a soccer shoe, first thick- 20 performed in first step 2002 and the yarn or thread is tuck
ness Tl of stretch padding zone 1800 may assist with stitched on the same needles on back bed as the knit stitches
cushioning or padding a foot of a wearer during contact with performed in first step 2002. With this configuration, a
a soccer ball. portion of stretch padding zone 1800 with stretch knit
Referring now to FIG. 19, stretch padding zone 1800 is structure 1810 may be formed.
illustrated in a stretched condition. In this embodiment, 25 It should be understood that portion of stretch padding
upper 120 may be stretched in the lateral direction between zone 1800 that may be made with stretch knit structure 1810
lateral side 16 and medial side 18, for example, during entry according to looping diagram 2000 illustrated in FIG. 20 is
of a foot into the interior of upper 120. In the stretched merely exemplary. A stretch padding zone 1800 having
condition, stretch padding zone 1800 is configured to stretch desired dimensions may be formed using a substantially
along the lateral direction between medial edge 1802 to 30 similar process shown in looping diagram 2000 to knit a knit
lateral edge 1804. In an exemplary embodiment, stretch knit structure having a width associated with a selected number
structure 1810 is configured such that stretch padding zone of stitches and a length associated with a selected number of
1800 may flatten and elongate in the lateral direction to courses.
provide flexibility for insertion of a foot within upper 120. While various embodiments of the invention have been
As shown in FIG. 19, during the stretched condition, stretch 35 described, the description is intended to be exemplary, rather
padding zone 1800 may have a second width W2 across than limiting and it will be apparent to those of ordinary skill
upper 120 between medial edge 1802 and lateral edge 1804. in the art that many more embodiments and implementations
In one embodiment, second width W2 may be larger than are possible that are within the scope of the invention.
first width Wl. For example, in some cases, second width Accordingly, the invention is not to be restricted except in
W2 may be at least 25% larger than first width Wl. In other 40 light of the attached claims and their equivalents. Also,
cases, second width W2 may be from 25% to 50% larger various modifications and changes may be made within the
than first width Wl. In still other cases, second width W2 scope of the attached claims.
may be more than 50% larger than first width Wl. What is claimed is:
In addition, in the stretched condition, stretch padding 1. A soccer shoe having a plurality of ground-engaging
zone 1800 may have a second thickness T2 in the area of 45 cleat members, the soccer shoe comprising:
knitted component 130 between exterior surface 121 and an upper comprising a knitted component, the knitted
interior surface 122. In an exemplary embodiment, second component extending through a forefoot region, a
thickness T2 may smaller than first thickness Tl. Once the midfoot region, a heel region, a lateral side, a medial
stretched condition is finished and stretch padding zone side, an instep area extending between the lateral side
1800 returns back to the unstretched condition, stretch 50 and the medial side, and an underfoot region, wherein
padding zone 1800 will again have first thickness Tl in the the instep area is joined through knitting to each of the
area of knitted component 130. With this configuration, lateral side and the medial side of the upper;
stretch padding zone 1800 may assist with inserting a foot of a plurality of outer lace apertures disposed at a first
a wearer into upper 120 while providing cushioning and/or location along the instep area on each of the lateral side
padding to the instep of the foot once it has been inserted. 55 and the medial side of the upper;
Referring now to FIG. 20, an exemplary embodiment of a plurality of inner lace apertures disposed at a second
a looping diagram 2000 for knitting stretch knit structure location along the instep area on each of the lateral side
1810 is illustrated. In this embodiment, looping diagram and the medial side of the upper, wherein the second
2000 illustrates the sequence of stitches and movements location is located more inward toward a middle of the
performed by a knitting machine, for example, a flat-knitting 60 upper than the first location;
machine, to form stretch knit structure 1810 making up a a lace that extends through an inner lace aperture of the
portion of stretch padding zone 1800. As shown in FIG. 20, plurality of inner lace apertures on the medial side of
the spaced apart dots represent the needles of a knitting the upper, extends under the knitted component along
machine and the illustrated steps represent the direction of an interior surface of the upper, and then exits the
movement of a yam or thread between the needles of each 65 knitted component through an outer lace aperture of the
of a front bed and a back bed of a knitting machine. In a first plurality of outer lace apertures on the medial side of
step 2002, a yam or thread is passed in an alternating manner the upper, wherein after exiting the knitted component
Case 1:23-cv-12666-JCB Document 1-12 Filed 11/06/23 Page 32 of 32
US 11,707,105 B2
19 20
through the outer lace aperture on the medial side of the 14. The soccer shoe of claim 1, wherein the knitted
upper, the lace extends across the instep area along an component is flat knitted.
~xterior surface of the upper and extends through an 15. A soccer shoe having a plurality of ground-engaging
inner lace aperture of the plurality of inner lace aper- cleat members, the soccer shoe comprising:
tur_es on the lateral side of the upper, extends under the 5 an upper comprising a knitted component, the knitted
knitted component along the interior surface of the
upper, and then exits the knitted component through an component extending through a forefoot region, a
outer lace aperture of the plurality of outer lace aper- midfoot region, a heel region, a lateral side a medial
tures on the lateral side of the upper; and side, and an instep area extending between ~he lateral
a sole structure secured to the knitted component, the sole ~i~e and the medial side, wherein the instep area is
10 Jomed through knitting to each of the lateral side and
structure comprising the plurality of ground-engaging
cleat members, the plurality of ground-engaging cleat the medial side of the upper;
members including at least a first plurality of ground- a plurality of outer lace apertures disposed at a first
engaging cleat members in the forefoot region of the location along the instep area on each of the lateral side
soccer shoe and a second plurality of ground-engaging and the medial side of the upper;
15 a plurality of inner lace apertures disposed at a second
cleat members in the heel region of the soccer shoe.
2. The soccer shoe of claim 1, wherein the knitted location along the instep area on each of the lateral side
component comprises an ankle cuff configured to cover an and the medial side of the upper, wherein the second
ankle of a wearer when the soccer shoe is in an as-worn location is located more inward toward a middle of the
configuration. upper than the first location;
20 a lace that extends through an inner lace aperture of the
3. The soccer shoe of claim 1, wherein the knitted
component includes a first area formed from a first type of plurality of inner lace apertures on the medial side of
yarn having a first set of properties and a second area formed the upper, extends under the knitted component along
f~om a second type of yarn having a second set of properties an interior surface of the upper, and then exits the
different from the first set of properties. knitted component through an outer lace aperture of the
25 plurality of outer lace apertures on the medial side of
4. The soccer shoe of claim 1, wherein the knitted
component comprises a knitted one-piece element. the upper, wherein after exiting the knitted component
5. The soccer shoe of claim 1, wherein the knitted through the outer lace aperture on the medial side of the
component forms substantially all of the upper. upper, the lace extends across the instep area along an
6. The soccer shoe of claim 2, wherein the instep area ~xterior surface of the upper and extends through an
30
extends be_tween an ankle opening and the forefoot region, inner lace aperture of the plurality of inner lace aper-
and wherem the instep area is joined through knitting to the tures on the lateral side of the upper, extends under the
ankle cuff. knitted component along the interior surface of the
7. The soccer shoe of claim 1, wherein the instep area upper, and then exits the knitted component through an
extends continuously between the inner lace aperture of the outer lace aperture of the plurality of outer lace aper-
35 tures on the lateral side of the upper; and
p1urality of inner lace apertures on the medial side of the
upper and the inner lace aperture of the plurality of inner a sole structure secured to the upper, the sole structure
lace apertures on the lateral side of the upper. comprising the plurality of ground-engaging cleat
8. The soccer shoe of claim 1, wherein the knitted members.
component includes a first knit layer and a second knit layer. 16. The soccer shoe of claim 15, wherein the knitted
40 component extends through an underfoot region.
9. The soccer shoe of claim 8, wherein the first knit layer
forms an exterior surface of the knitted component and the 17. The soccer shoe of claim 15, wherein the knitted
second knit layer forms an interior surface of the knitted component comprises an ankle cuff configured to cover an
component. ankle of a wearer when the soccer shoe is in an as-worn
10. The soccer shoe of claim 1, wherein the knitted configuration, and wherein the instep area is joined through
45 knitting to the ankle cuff.
component includes a polymer layer at one or more areas of
the knitted component. 18. The soccer shoe of claim 17, wherein the ankle cuff
11. The soccer shoe of claim 1, wherein the upper exhibits greater stretch compared to remaining areas of the
comprises a heel counter in the heel region. knitted component.
12. The soccer shoe of claim 1, wherein the upper 19. The soccer shoe of claim 15, wherein the knitted
50 component comprises a knitted one-piece element.
comprises a toe guard in the forefoot region.
13. The soccer shoe of claim 1, wherein the knitted 20. The soccer shoe of claim 15, wherein the instep area
component includes a skin layer at one or more areas of the extends between an ankle opening and the forefoot region.
knitted component.
* * * * *
Case 1:23-cv-12666-JCB Document 1-13 Filed 11/06/23 Page 1 of 42
Exhibit 13
Case 1:23-cv-12666-JCB Document 1-13 Filed 11/06/23 Page 2 of 42
The allegations made herein are based on information currently available to Nike. Nike reserves the right to amend and/or supplement
these allegations based on information provided during the course of this case, including during the course of fact and expert discovery
that has yet to take place. Nike also reserves the right to supplement and/or amend these allegations in light of the construction of any
claim terms that are disputed by the parties and to the extent that such claim construction affects any of the claims set forth in the chart
below. In the event that a claim element is deemed to be missing under a literal infringement analysis (e.g., due to claim construction),
Nike reserves the right to demonstrate the presence of a substantial equivalent of such an element and to pursue infringement under the
doctrine of equivalents. Moreover, no statements made herein are intended as an admission regarding the meaning of any claim term.
1
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2
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3
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4
Case 1:23-cv-12666-JCB Document 1-13 Filed 11/06/23 Page 6 of 42
XC Seven v4:
5
Case 1:23-cv-12666-JCB Document 1-13 Filed 11/06/23 Page 7 of 42
1[a]. simultaneously knitting a Upon information and belief, during manufacturing of the Fresh Foam X 860 v13, FuelCell
textile element with a surrounding SuperComp Trainer, FuelCell Rebel v3, Fresh Foam X More v4, FuelCell Propel v4, Fresh
textile structure, the knitted textile Foam X More Trail v3, XC Seven v4, FuelCell SD100 v5, and FuelCell SuperComp XC-X styles,
element having at least one knitted New Balance performs, or causes to be performed, the step of simultaneously knitting a textile
texture that differs from a knitted element with a surrounding textile structure, the knitted textile element having at least one
texture in the surrounding knitted knitted texture that differs from a knitted texture in the surrounding knitted textile structure.
textile structure;
On information and belief, the knit and/or “engineered mesh” upper for each of the New Balance
Fresh Foam X 860 v13, FuelCell SuperComp Trainer, FuelCell Rebel v3, Fresh Foam X More
v4, FuelCell Propel v4, Fresh Foam X More Trail v3, XC Seven v4, FuelCell SD100 v5, and
FuelCell SuperComp XC-X styles styles is simultaneously knitted as a textile element with a
surrounding textile structure from which the textile element is removed.
6
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7
Case 1:23-cv-12666-JCB Document 1-13 Filed 11/06/23 Page 9 of 42
8
Case 1:23-cv-12666-JCB Document 1-13 Filed 11/06/23 Page 10 of 42
(FuelCell SuperComp Trainer “Vibrant spring glo with victory blue and vibrant apricot”
colorway)
9
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10
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11
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12
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13
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14
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15
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16
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XC Seven v4:
17
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18
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FuelCell SD100 v5
19
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20
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21
Case 1:23-cv-12666-JCB Document 1-13 Filed 11/06/23 Page 23 of 42
On information and belief, the above-referenced textile element includes at least one knitted
texture that differs from a knitted texture in the surrounding knitted textile structure. Various
textures on each upper are shown in the dashed boxes below.
22
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23
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24
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25
Case 1:23-cv-12666-JCB Document 1-13 Filed 11/06/23 Page 27 of 42
XC Seven v4:
26
Case 1:23-cv-12666-JCB Document 1-13 Filed 11/06/23 Page 28 of 42
1[b]. removing the knitted textile Upon information and belief, during manufacturing of the Fresh Foam X 860 v13, FuelCell
element from the surrounding SuperComp Trainer, FuelCell Rebel v3, Fresh Foam X More v4, FuelCell Propel v4, Fresh
knitted textile structure; Foam X More Trail v3, XC Seven v4, FuelCell SD100 v5, and FuelCell SuperComp XC-X styles,
New Balance performs, or causes to be performed, the step of removing the knitted textile
element from the surrounding knitted textile structure.
27
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28
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29
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30
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31
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32
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33
Case 1:23-cv-12666-JCB Document 1-13 Filed 11/06/23 Page 35 of 42
XC Seven v4:
34
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35
Case 1:23-cv-12666-JCB Document 1-13 Filed 11/06/23 Page 37 of 42
1[c]. incorporating the knitted Upon information and belief, each of the Fresh Foam X 860 v13, FuelCell SuperComp Trainer,
textile element into the article of FuelCell Rebel v3, Fresh Foam X More v4, FuelCell Propel v4, Fresh Foam X More Trail v3,
footwear. XC Seven v4, FuelCell SD100 v5, and FuelCell SuperComp XC-X styles is incorporated into the
article of footwear by, or on behalf of, New Balance.
36
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37
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38
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39
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XC Seven v4:
40
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41
Case 1:23-cv-12666-JCB Document 1-14 Filed 11/06/23 Page 1 of 30
Exhibit 14
Case 1:23-cv-12666-JCB Document 1-14 Filed 11/06/23 Page 2 of 30
The allegations made herein are based on information currently available to Nike. Nike reserves the right to amend and/or supplement
these allegations based on information provided during the course of this case, including during the course of fact and expert discovery
that has yet to take place. Nike also reserves the right to supplement and/or amend these allegations in light of the construction of any
claim terms that are disputed by the parties and to the extent that such claim construction affects any of the claims set forth in the chart
below. In the event that a claim element is deemed to be missing under a literal infringement analysis (e.g., due to claim construction),
Nike reserves the right to demonstrate the presence of a substantial equivalent of such an element and to pursue infringement under the
doctrine of equivalents. Moreover, no statements made herein are intended as an admission regarding the meaning of any claim term.
1
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2
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3
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4
Case 1:23-cv-12666-JCB Document 1-14 Filed 11/06/23 Page 6 of 30
FuelCell Propel v4
5
Case 1:23-cv-12666-JCB Document 1-14 Filed 11/06/23 Page 7 of 30
FuelCell SD100 v5
XC Seven v4
11[a][i]. a knitted component that The upper of each of the New Balance Tekela v4 Pro FG, Tekela v4 Magia FG, Tekela v3+ Pro
includes (a) a foot part for covering FG, Tekela v4 Pro Low FG, FuelCell SuperComp Elite v3, FuelCell Propel v4, FuelCell
at least a portion of a foot of a SuperComp XC-X, FuelCell SD100 v5, and XC Seven v4 styles include a knitted component
wearer and having a foot part for covering the foot of a wearer, as shown below.
6
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7
Case 1:23-cv-12666-JCB Document 1-14 Filed 11/06/23 Page 9 of 30
8
Case 1:23-cv-12666-JCB Document 1-14 Filed 11/06/23 Page 10 of 30
FuelCell Propel v4
9
Case 1:23-cv-12666-JCB Document 1-14 Filed 11/06/23 Page 11 of 30
FuelCell SD100 v5
10
Case 1:23-cv-12666-JCB Document 1-14 Filed 11/06/23 Page 12 of 30
XC Seven v4
11[a][ii]. (b) an ankle part for The upper of each of the each of the New Balance Tekela v4 Pro FG, Tekela v4 Magia FG,
covering at least a portion of an Tekela v3+ Pro FG, Tekela v4 Pro Low FG, FuelCell SuperComp Elite v3, FuelCell Propel v4,
ankle of the wearer, the foot part FuelCell SuperComp XC-X, FuelCell SD100 v5, and XC Seven v4 styles include an ankle part
and the ankle part being formed of for covering at least a portion of an ankle of the wearer that is formed of unitary knit
unitary knit construction; and construction with the foot part, as shown below.
11
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12
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13
Case 1:23-cv-12666-JCB Document 1-14 Filed 11/06/23 Page 15 of 30
FuelCell Propel v4
14
Case 1:23-cv-12666-JCB Document 1-14 Filed 11/06/23 Page 16 of 30
FuelCell SD100 v5
XC Seven v4
11[b][i]. a skin layer that is The upper of each of the New Balance Tekela v4 Pro FG, Tekela v4 Magia FG, Tekela v3+ Pro
thermally bonded to the knitted FG, Tekela v4 Pro Low FG, FuelCell SuperComp Elite v3, FuelCell Propel v4, FuelCell
component, SuperComp XC-X, FuelCell SD100 v5, and XC Seven v4 styles include a skin layer that is
thermally bonded to the knitted component, as shown below.
15
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16
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17
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FuelCell Propel v4
18
Case 1:23-cv-12666-JCB Document 1-14 Filed 11/06/23 Page 20 of 30
FuelCell SD100 v5
19
Case 1:23-cv-12666-JCB Document 1-14 Filed 11/06/23 Page 21 of 30
XC Seven v4
11[b][ii]. the skin layer covering at The upper of each of the New Balance Tekela v4 Pro FG, Tekela v4 Magia FG, Tekela v3+ Pro
least a portion of the foot part of the FG, Tekela v4 Pro Low FG, FuelCell SuperComp Elite v3, FuelCell Propel v4, FuelCell
knitted component and forming a SuperComp XC-X, FuelCell SD100 v5, and XC Seven v4 styles include a skin layer that covers
portion of an exterior surface of the a portion of the foot part of the knitted upper and forms an exterior surface of the upper, as
upper, shown below.
20
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21
Case 1:23-cv-12666-JCB Document 1-14 Filed 11/06/23 Page 23 of 30
22
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FuelCell Propel v4
23
Case 1:23-cv-12666-JCB Document 1-14 Filed 11/06/23 Page 25 of 30
FuelCell SD100 v5
XC Seven v4
11[b][iii]. the skin layer being The upper of each of the New Balance Tekela v4 Pro FG, Tekela v4 Magia FG, Tekela v3+ Pro
absent from the ankle part of the FG, Tekela v4 Pro Low FG, FuelCell SuperComp Elite v3, FuelCell Propel v4, FuelCell
knitted component. SuperComp XC-X, FuelCell SD100 v5, and XC Seven v4 styles include an ankle portion devoid
of a skin layer, as shown below.
24
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25
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26
Case 1:23-cv-12666-JCB Document 1-14 Filed 11/06/23 Page 28 of 30
FuelCell Propel v4
27
Case 1:23-cv-12666-JCB Document 1-14 Filed 11/06/23 Page 29 of 30
FuelCell SD100 v5
28
Case 1:23-cv-12666-JCB Document 1-14 Filed 11/06/23 Page 30 of 30
XC Seven v4
29
Case 1:23-cv-12666-JCB Document 1-15 Filed 11/06/23 Page 1 of 8
Exhibit 15
Case 1:23-cv-12666-JCB Document 1-15 Filed 11/06/23 Page 2 of 8
The allegations made herein are based on information currently available to Nike. Nike reserves the right to amend and/or supplement
these allegations based on information provided during the course of this case, including during the course of fact and expert discovery
that has yet to take place. Nike also reserves the right to supplement and/or amend these allegations in light of the construction of any
claim terms that are disputed by the parties and to the extent that such claim construction affects any of the claims set forth in the chart
below. In the event that a claim element is deemed to be missing under a literal infringement analysis (e.g., due to claim construction),
Nike reserves the right to demonstrate the presence of a substantial equivalent of such an element and to pursue infringement under the
doctrine of equivalents. Moreover, no statements made herein are intended as an admission regarding the meaning of any claim term.
1
Case 1:23-cv-12666-JCB Document 1-15 Filed 11/06/23 Page 3 of 8
2
Case 1:23-cv-12666-JCB Document 1-15 Filed 11/06/23 Page 4 of 8
1[a]. knitting a portion of Upon information and belief, the knitted component of the FuelCell SuperComp Elite v3 style includes a
the knitted component knitted upper including a portion of at least one of an exterior surface of the knitted component and an
defining an upper with a opposite interior surface of the knitted component, as shown below.
knitting machine, the
upper including a portion FuelCell SuperComp Elite v3
of at least one of an
exterior surface of the
knitted component and
an opposite interior
surface of the knitted
component; and
3
Case 1:23-cv-12666-JCB Document 1-15 Filed 11/06/23 Page 5 of 8
1[b]. knitting an integral Upon information and belief, the FuelCell SuperComp Elite v3 includes an integral knit tongue of unitary
knit tongue that is of knit construction with the knitted upper, the integral knit tongue extending through a throat area of the
unitary knit construction knitted component, as shown below.
with the upper with the
knitting machine, the FuelCell SuperComp Elite v3
integral knit tongue
extending through a
throat area of the knitted
component; and
4
Case 1:23-cv-12666-JCB Document 1-15 Filed 11/06/23 Page 6 of 8
1[c]. wherein the Upon information and belief, the integral knit tongue of the FuelCell SuperComp Elite v3 style is joined
integral knit tongue is by knitting to a forward portion of the throat area and at least along a portion of both of a lateral side and
joined by knitting with a medial side of the throat area of the knitted component extending through a portion of a length of the
the knitting machine to: throat area in a longitudinal direction from the forward portion to an ankle opening of the upper, as shown
(1) a forward portion of below.
the throat area, and (2) at
least along a portion of FuelCell SuperComp Elite v3
both of a lateral side and
a medial side of the
throat area of the knitted
component extending
through a portion of a
length of the throat area
in a longitudinal
5
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6
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7
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Exhibit 16
Case 1:23-cv-12666-JCB Document 1-16 Filed 11/06/23 Page 2 of 8
The allegations made herein are based on information currently available to Nike. Nike reserves the right to amend and/or supplement
these allegations based on information provided during the course of this case, including during the course of fact and expert discovery
that has yet to take place. Nike also reserves the right to supplement and/or amend these allegations in light of the construction of any
claim terms that are disputed by the parties and to the extent that such claim construction affects any of the claims set forth in the chart
below. In the event that a claim element is deemed to be missing under a literal infringement analysis (e.g., due to claim construction),
Nike reserves the right to demonstrate the presence of a substantial equivalent of such an element and to pursue infringement under the
doctrine of equivalents. Moreover, no statements made herein are intended as an admission regarding the meaning of any claim term.
1
Case 1:23-cv-12666-JCB Document 1-16 Filed 11/06/23 Page 3 of 8
2
Case 1:23-cv-12666-JCB Document 1-16 Filed 11/06/23 Page 4 of 8
1[a]. a portion of the knitted Upon information and belief, the knitted component of the New Balance FuelCell SuperComp
component defining the upper, the Elite v3 style includes an upper, the upper including a portion of at least one of an exterior
upper including a portion of at least surface of the knitted component and an opposite interior surface of the knitted component, the
one of an exterior surface of the interior surface defining a void for receiving a foot, as shown below.
knitted component and an opposite
interior surface of the knitted FuelCell SuperComp Elite v3
component, the interior surface
defining a void for receiving a foot;
and
3
Case 1:23-cv-12666-JCB Document 1-16 Filed 11/06/23 Page 5 of 8
1[b]. an integral knit tongue Upon information and belief, the knitted component of the New Balance FuelCell SuperComp
formed with the upper and Elite v3 style includes an integral knit tongue formed with the upper and extending through a
extending through a throat area of throat area of the knitted component, as shown below.
the knitted component; and
FuelCell SuperComp Elite v3
4
Case 1:23-cv-12666-JCB Document 1-16 Filed 11/06/23 Page 6 of 8
1[c]. at least one raised element Upon information and belief, the New Balance FuelCell SuperComp Elite v3 style includes at
extending a height above the least one raised element extending a height above the exterior surface of the knitted component,
exterior surface of the knitted as shown below.
component,
FuelCell SuperComp Elite v3
5
Case 1:23-cv-12666-JCB Document 1-16 Filed 11/06/23 Page 7 of 8
1[d]. wherein the integral knit Upon information and belief, the integral knit tongue of the FuelCell SuperComp Elite v3 style
tongue is joined to a forward is joined to a forward portion of the throat area and at least along a portion of both of a lateral
portion of the throat area and at side and a medial side of the throat area of the knitted component extending through a portion
least along a portion of a lateral of a length of the throat area in a longitudinal direction from the forward portion to an ankle
side and a medial side of the throat opening of the upper, as shown below.
area of the knitted component
extending from the forward portion FuelCell SuperComp Elite v3
to an ankle opening of the upper.
6
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7
Case 1:23-cv-12666-JCB Document 1-17 Filed 11/06/23 Page 1 of 29
Exhibit 17
Case 1:23-cv-12666-JCB Document 1-17 Filed 11/06/23 Page 2 of 29
The allegations made herein are based on information currently available to Nike. Nike reserves the right to amend and/or supplement
these allegations based on information provided during the course of this case, including during the course of fact and expert discovery
that has yet to take place. Nike also reserves the right to supplement and/or amend these allegations in light of the construction of any
claim terms that are disputed by the parties and to the extent that such claim construction affects any of the claims set forth in the chart
below. In the event that a claim element is deemed to be missing under a literal infringement analysis (e.g., due to claim construction),
Nike reserves the right to demonstrate the presence of a substantial equivalent of such an element and to pursue infringement under the
doctrine of equivalents. Moreover, no statements made herein are intended as an admission regarding the meaning of any claim term.
1
Case 1:23-cv-12666-JCB Document 1-17 Filed 11/06/23 Page 3 of 29
Upon information and belief, for purposes of infringement of limitation 1[pre], the Fresh Foam
X 1080 UNLACED style is representative of the Fresh Foam X 1080 v12, Fresh Foam X
Vongo v5, Fresh Foam X 860 v13, Fresh Foam X More v4, Fresh Foam X Evoz Slip
Resistant, and Fresh Foam X More Trail v3 styles.
2
Case 1:23-cv-12666-JCB Document 1-17 Filed 11/06/23 Page 4 of 29
FuelCell styles
Upon information and belief, for purposes of infringement of limitation 1[pre], the FuelCell
SuperComp Elite v3 style is representative of the FuelCell SuperComp Trainer, FuelCell MD-
X, FuelCell Rebel v3, FuelCell Propel v4, FuelCell SuperComp XC-X, and FuelCell SD100
v5 styles.
Tekela styles
Upon information and belief, for purposes of infringement of limitation 1[pre], the Tekela v4
Pro Low FG style is representative of the Tekela v3+ Pro FG, Tekela v4 Magia FG, and
Tekela v4 Pro FG styles.
3
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Furon styles
Upon information and belief, for purposes of infringement of limitation 1[pre], the Furon v7
Pro FG style is representative of the Furon v6+ Pro FG style.
4
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XC Seven v4
5
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1[a]. a central portion having a Upon information and belief, the first layer of each of the New Balance Fresh Foam X 1080
domed, three-dimensional structure v12, Fresh Foam X Vongo v5, Fresh Foam X 1080 UNLACED, Fresh Foam X 860 v13, Fresh
configured for extending over the Foam X More v4, Fresh Foam X Evoz Slip Resistant, Fresh Foam X More Trail v3, FuelCell
top of a foot; SuperComp Trainer, FuelCell MD-X, FuelCell Rebel v3, FuelCell SuperComp Elite v3,
FuelCell Propel v4, FuelCell SuperComp XC-X, FuelCell SD100 v5, Tekela v3+ Pro FG,
Tekela v4 Magia FG, Tekela v4 Pro FG, Tekela v4 Pro Low FG, Furon v7 Pro FG, Furon v6+
Pro FG, and XC Seven v4 styles includes a central portion having a domed, three-dimensional
structure configured for extending over the top of a foot, as shown below.
Upon information and belief, for purposes of infringement of limitation 1[a], the Fresh Foam
X 1080 UNLACED style is representative of the Fresh Foam X 1080 v12, Fresh Foam X
6
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Vongo v5, Fresh Foam X 860 v13, Fresh Foam X More v4, Fresh Foam X Evoz Slip
Resistant, and Fresh Foam X More Trail v3 styles.
FuelCell styles
7
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Upon information and belief, for purposes of infringement of limitation 1[a], the FuelCell
SuperComp Elite v3 style is representative of the FuelCell SuperComp Trainer, FuelCell MD-
X, FuelCell Rebel v3, FuelCell Propel v4, FuelCell SuperComp XC-X, and FuelCell SD100
v5 styles.
Tekela styles
8
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Upon information and belief, for purposes of infringement of limitation 1[a], the Tekela v4 Pro
Low FG style is representative of the Tekela v3+ Pro FG, Tekela v4 Magia FG, and Tekela v4
Pro FG styles.
9
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Furon styles
Upon information and belief, for purposes of infringement of limitation 1[a], the Furon v7 Pro
FG style is representative of the Furon v6+ Pro FG style.
10
Case 1:23-cv-12666-JCB Document 1-17 Filed 11/06/23 Page 12 of 29
XC Seven v4
1[b]. a first side portion being Upon information and belief, the first layer of each of the New Balance Fresh Foam X 1080
formed of unitary construction with v12, Fresh Foam X Vongo v5, Fresh Foam X 1080 UNLACED, Fresh Foam X 860 v13, Fresh
the central portion and extending Foam X More v4, Fresh Foam X Evoz Slip Resistant, Fresh Foam X More Trail v3, FuelCell
SuperComp Trainer, FuelCell MD-X, FuelCell Rebel v3, FuelCell SuperComp Elite v3,
11
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from a first side of the central FuelCell Propel v4, FuelCell SuperComp XC-X, FuelCell SD100 v5, Tekela v3+ Pro FG,
portion; and Tekela v4 Magia FG, Tekela v4 Pro FG, Tekela v4 Pro Low FG, Furon v7 Pro FG, Furon v6+
Pro FG, and XC Seven v4 styles includes a first side portion being formed of unitary
construction with the central potion and extending from a first side of the central portion, as
shown below.
Upon information and belief, for purposes of infringement of limitation 1[b], the Fresh Foam
X 1080 UNLACED style is representative of the Fresh Foam X 1080 v12, Fresh Foam X
Vongo v5, Fresh Foam X 860 v13, Fresh Foam X More v4, Fresh Foam X Evoz Slip
Resistant, and Fresh Foam X More Trail v3 styles.
12
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13
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FuelCell styles
Upon information and belief, for purposes of infringement of limitation 1[b], the FuelCell
SuperComp Elite v3 style is representative of the FuelCell SuperComp Trainer, FuelCell MD-
X, FuelCell Rebel v3, FuelCell Propel v4, FuelCell SuperComp XC-X, and FuelCell SD100
v5 styles.
14
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Tekela styles
Upon information and belief, for purposes of infringement of limitation 1[b], the Tekela v4
Pro Low FG style is representative of the Tekela v3+ Pro FG, Tekela v4 Magia FG, and
Tekela v4 Pro FG styles.
15
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Furon styles
Upon information and belief, for purposes of infringement of limitation 1[b], the Furon v7 Pro
FG style is representative of the Furon v6+ Pro FG style.
16
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XC Seven v4
1[c][i]. a second side portion being Upon information and belief, the first layer of each of the New Balance Fresh Foam X 1080
formed of unitary construction with v12, Fresh Foam X Vongo v5, Fresh Foam X 1080 UNLACED, Fresh Foam X 860 v13, Fresh
the central portion and extending Foam X More v4, Fresh Foam X Evoz Slip Resistant, Fresh Foam X More Trail v3, FuelCell
17
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from a second side opposite the SuperComp Trainer, FuelCell MD-X, FuelCell Rebel v3, FuelCell SuperComp Elite v3,
first side of the central portion, FuelCell Propel v4, FuelCell SuperComp XC-X, FuelCell SD100 v5, Tekela v3+ Pro FG,
Tekela v4 Magia FG, Tekela v4 Pro FG, Tekela v4 Pro Low FG, Furon v7 Pro FG, Furon v6+
Pro FG, and XC Seven v4 styles includes a second side portion being formed of unitary
construction with the central portion and extending from a second side opposite the first side
of the central portion, as shown below.
Upon information and belief, for purposes of infringement of limitation 1[c][i], the Fresh
Foam X 1080 UNLACED style is representative of the Fresh Foam X 1080 v12, Fresh Foam
X Vongo v5, Fresh Foam X 860 v13, Fresh Foam X More v4, Fresh Foam X Evoz Slip
Resistant, and Fresh Foam X More Trail v3 styles.
18
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FuelCell styles
Upon information and belief, for purposes of infringement of limitation 1[c][i], the FuelCell
SuperComp Elite v3 style is representative of the FuelCell SuperComp Trainer, FuelCell MD-
X, FuelCell Rebel v3, FuelCell Propel v4, FuelCell SuperComp XC-X, and FuelCell SD100
v5 styles.
19
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Tekela styles
Upon information and belief, for purposes of infringement of limitation 1[c][i], the Tekela v4
Pro Low FG style is representative of the Tekela v3+ Pro FG, Tekela v4 Magia FG, and
Tekela v4 Pro FG styles.
20
Case 1:23-cv-12666-JCB Document 1-17 Filed 11/06/23 Page 22 of 29
Furon styles
Upon information and belief, for purposes of infringement of limitation 1[c][i], the Furon v7
Pro FG style is representative of the Furon v6+ Pro FG style.
21
Case 1:23-cv-12666-JCB Document 1-17 Filed 11/06/23 Page 23 of 29
XC Seven v4
1[c][ii]. the domed, three- Upon information and belief, when the flat-knitted element of each of the New Balance Fresh
dimensional structure shaped to Foam X 1080 v12, Fresh Foam X Vongo v5, Fresh Foam X 1080 UNLACED, Fresh Foam X
extend above the plane of the first 860 v13, Fresh Foam X More v4, Fresh Foam X Evoz Slip Resistant, Fresh Foam X More
side portion and the second side Trail v3, FuelCell SuperComp Trainer, FuelCell MD-X, FuelCell Rebel v3, FuelCell
portion when the flat-knitted SuperComp Elite v3, FuelCell Propel v4, FuelCell SuperComp XC-X, FuelCell SD100 v5,
22
Case 1:23-cv-12666-JCB Document 1-17 Filed 11/06/23 Page 24 of 29
element is in a flattened Tekela v3+ Pro FG, Tekela v4 Magia FG, Tekela v4 Pro FG, Tekela v4 Pro Low FG, Furon
configuration. v7 Pro FG, Furon v6+ Pro FG, and XC Seven v4 styles is in a flattened configuration, e.g.,
when the heal seam is removed and the collar portion of the flat-knitted element is flattened
against a planar surface, the domed, three-dimensional structure is shaped to extend above the
planar surface.
Upon information and belief, for purposes of infringement of limitation 1[c][ii], the Fresh Foam
X 1080 UNLACED style is representative of the Fresh Foam X 1080 v12, Fresh Foam X Vongo
v5, Fresh Foam X 860 v13, Fresh Foam X More v4, Fresh Foam X Evoz Slip Resistant, and
Fresh Foam X More Trail v3 styles.
23
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FuelCell styles
Upon information and belief, for purposes of infringement of limitation 1[c][ii], the FuelCell
SuperComp Elite v3 style is representative of the FuelCell SuperComp Trainer, FuelCell MD-
X, FuelCell Rebel v3, FuelCell Propel v4, FuelCell SuperComp XC-X, and FuelCell SD100
v5 styles.
24
Case 1:23-cv-12666-JCB Document 1-17 Filed 11/06/23 Page 26 of 29
Tekela styles
Upon information and belief, for purposes of infringement of limitation 1[c][ii], the Tekela v4
Pro Low FG style is representative of the Tekela v3+ Pro FG, Tekela v4 Magia FG, and
Tekela v4 Pro FG styles.
25
Case 1:23-cv-12666-JCB Document 1-17 Filed 11/06/23 Page 27 of 29
Furon styles
Upon information and belief, for purposes of infringement of limitation 1[c][ii], the Furon v7
Pro FG style is representative of the Furon v6+ Pro FG style.
26
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27
Case 1:23-cv-12666-JCB Document 1-17 Filed 11/06/23 Page 29 of 29
XC Seven v4
28
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Exhibit 18
Case 1:23-cv-12666-JCB Document 1-18 Filed 11/06/23 Page 2 of 29
The allegations made herein are based on information currently available to Nike. Nike reserves the right to amend and/or supplement
these allegations based on information provided during the course of this case, including during the course of fact and expert discovery
that has yet to take place. Nike also reserves the right to supplement and/or amend these allegations in light of the construction of any
claim terms that are disputed by the parties and to the extent that such claim construction affects any of the claims set forth in the chart
below. In the event that a claim element is deemed to be missing under a literal infringement analysis (e.g., due to claim construction),
Nike reserves the right to demonstrate the presence of a substantial equivalent of such an element and to pursue infringement under the
doctrine of equivalents. Moreover, no statements made herein are intended as an admission regarding the meaning of any claim term.
1
Case 1:23-cv-12666-JCB Document 1-18 Filed 11/06/23 Page 3 of 29
2
Case 1:23-cv-12666-JCB Document 1-18 Filed 11/06/23 Page 4 of 29
3
Case 1:23-cv-12666-JCB Document 1-18 Filed 11/06/23 Page 5 of 29
4
Case 1:23-cv-12666-JCB Document 1-18 Filed 11/06/23 Page 6 of 29
5
Case 1:23-cv-12666-JCB Document 1-18 Filed 11/06/23 Page 7 of 29
6
Case 1:23-cv-12666-JCB Document 1-18 Filed 11/06/23 Page 8 of 29
7
Case 1:23-cv-12666-JCB Document 1-18 Filed 11/06/23 Page 9 of 29
See also Fresh Foam X Evoz v3 Slip Resistant Product Page (available at
https://www.newbalance.com/pd/fresh-foam-x-evoz-v3-slip-resistant/MEVOZSV3-44486.html)
1[a][i]. a flat knit textile element Upon information and belief, the upper for each of the New Balance Fresh Foam X 1080 v12,
having (1) flat knit edges free of Fresh Foam X Vongo v5, Fresh Foam X 1080 UNLACED, FuelCell SuperComp Elite v3, and
surrounding textile structure Fresh Foam X Evoz v3 Slip Resistant styles contain flat knit edges free of surrounding textile
8
Case 1:23-cv-12666-JCB Document 1-18 Filed 11/06/23 Page 10 of 29
such that the flat knit edges are structure such that the flat knit edges are not surrounded by textile structure from which the flat
not surrounded by textile knit textile element must be removed, as shown below.
structure from which the flat knit
textile element must be removed, Fresh Foam X 1080 v12
and
9
Case 1:23-cv-12666-JCB Document 1-18 Filed 11/06/23 Page 11 of 29
10
Case 1:23-cv-12666-JCB Document 1-18 Filed 11/06/23 Page 12 of 29
11
Case 1:23-cv-12666-JCB Document 1-18 Filed 11/06/23 Page 13 of 29
12
Case 1:23-cv-12666-JCB Document 1-18 Filed 11/06/23 Page 14 of 29
1[a][ii]. (2) a plurality of Upon information and belief, the upper for each of the New Balance Fresh Foam X 1080 v12,
apertures formed by omitting Fresh Foam X Vongo v5, Fresh Foam X 1080 UNLACED, FuelCell SuperComp Elite v3, and
stitches in a first portion of the Fresh Foam X Evoz v3 Slip Resistant styles contain apertures formed by omitting stitches in a first
flat knit textile element defining portion of the flat knit textile element defining a forefoot region of the upper, as shown below.
a forefoot region of the upper;
13
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14
Case 1:23-cv-12666-JCB Document 1-18 Filed 11/06/23 Page 16 of 29
15
Case 1:23-cv-12666-JCB Document 1-18 Filed 11/06/23 Page 17 of 29
16
Case 1:23-cv-12666-JCB Document 1-18 Filed 11/06/23 Page 18 of 29
17
Case 1:23-cv-12666-JCB Document 1-18 Filed 11/06/23 Page 19 of 29
1[b]. a non-textile element The upper for each of the New Balance Fresh Foam X 1080 v12, Fresh Foam X Vongo v5, Fresh
secured to a second portion of the Foam X 1080 UNLACED, FuelCell SuperComp Elite v3, and Fresh Foam X Evoz v3 Slip Resistant
flat knit textile element defining styles contains a non-textile element secured to the heel region of the upper, as shown below.
the heel region of the upper; and
18
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19
Case 1:23-cv-12666-JCB Document 1-18 Filed 11/06/23 Page 21 of 29
20
Case 1:23-cv-12666-JCB Document 1-18 Filed 11/06/23 Page 22 of 29
21
Case 1:23-cv-12666-JCB Document 1-18 Filed 11/06/23 Page 23 of 29
22
Case 1:23-cv-12666-JCB Document 1-18 Filed 11/06/23 Page 24 of 29
1[c]. one or more strips of non- The upper for each of the New Balance Fresh Foam X 1080 v12, Fresh Foam X Vongo v5, Fresh
textile material secured to a third Foam X 1080 UNLACED, FuelCell SuperComp Elite v3, and Fresh Foam X Evoz v3 Slip Resistant
portion of the flat knit textile
23
Case 1:23-cv-12666-JCB Document 1-18 Filed 11/06/23 Page 25 of 29
element on a lateral side of the styles contain at least one strip of non-textile material secured to the lateral side of the uppers, as
upper. shown below.
24
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25
Case 1:23-cv-12666-JCB Document 1-18 Filed 11/06/23 Page 27 of 29
26
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27
Case 1:23-cv-12666-JCB Document 1-18 Filed 11/06/23 Page 29 of 29
28
Case 1:23-cv-12666-JCB Document 1-19 Filed 11/06/23 Page 1 of 30
Exhibit 19
Case 1:23-cv-12666-JCB Document 1-19 Filed 11/06/23 Page 2 of 30
The allegations made herein are based on information currently available to Nike. Nike reserves the right to amend and/or supplement
these allegations based on information provided during the course of this case, including during the course of fact and expert discovery
that has yet to take place. Nike also reserves the right to supplement and/or amend these allegations in light of the construction of any
claim terms that are disputed by the parties and to the extent that such claim construction affects any of the claims set forth in the chart
below. In the event that a claim element is deemed to be missing under a literal infringement analysis (e.g., due to claim construction),
Nike reserves the right to demonstrate the presence of a substantial equivalent of such an element and to pursue infringement under the
doctrine of equivalents. Moreover, no statements made herein are intended as an admission regarding the meaning of any claim term.
1
Case 1:23-cv-12666-JCB Document 1-19 Filed 11/06/23 Page 3 of 30
2
Case 1:23-cv-12666-JCB Document 1-19 Filed 11/06/23 Page 4 of 30
3
Case 1:23-cv-12666-JCB Document 1-19 Filed 11/06/23 Page 5 of 30
4
Case 1:23-cv-12666-JCB Document 1-19 Filed 11/06/23 Page 6 of 30
5
Case 1:23-cv-12666-JCB Document 1-19 Filed 11/06/23 Page 7 of 30
See also Fresh Foam X Evoz v3 Slip Resistant Product Page (available at
https://www.newbalance.com/pd/fresh-foam-x-evoz-v3-slip-resistant/MEVOZSV3-
44486.html)
6
Case 1:23-cv-12666-JCB Document 1-19 Filed 11/06/23 Page 8 of 30
7
Case 1:23-cv-12666-JCB Document 1-19 Filed 11/06/23 Page 9 of 30
FuelCell MD-X
8
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Tekela v4 Magia FG
9
Case 1:23-cv-12666-JCB Document 1-19 Filed 11/06/23 Page 11 of 30
10
Case 1:23-cv-12666-JCB Document 1-19 Filed 11/06/23 Page 12 of 30
Tekela v4 Pro FG
11
Case 1:23-cv-12666-JCB Document 1-19 Filed 11/06/23 Page 13 of 30
12
Case 1:23-cv-12666-JCB Document 1-19 Filed 11/06/23 Page 14 of 30
1[a][i]. a flat knit textile element Upon information and belief, the upper for each of the New Balance Fresh Foam X 1080 v12,
comprising (1) flat knit edges free Fresh Foam X Vongo v5, Fresh Foam X 1080 UNLACED, Fresh Foam X Evoz Slip Resistant,
of surrounding textile structure FuelCell SuperComp Trainer, FuelCell MD-X, FuelCell SuperComp Elite v3, Tekela v4 Magia
such that the flat knit edges are not FG, Tekela v4 Pro FG, and Tekela v4 Pro Low FG styles contain flat knit edges free of
surrounded by textile structure surrounding textile structure such that the flat knit edges are not surrounded by textile structure
from which the textile element from which the flat knit textile element must be removed, at least one flat knit edge being a
must be removed, at least one flat curved flat knit edge, as shown below.
knit edge being a curved flat knit
edge, and
13
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14
Case 1:23-cv-12666-JCB Document 1-19 Filed 11/06/23 Page 16 of 30
15
Case 1:23-cv-12666-JCB Document 1-19 Filed 11/06/23 Page 17 of 30
FuelCell MD-X
16
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Tekela v4 Magia FG
17
Case 1:23-cv-12666-JCB Document 1-19 Filed 11/06/23 Page 19 of 30
Tekela v4 Pro FG
18
Case 1:23-cv-12666-JCB Document 1-19 Filed 11/06/23 Page 20 of 30
1[a][ii]. (2) a first knit strip having Upon information and belief, the upper for each of the New Balance Fresh Foam X 1080 v12,
a first property and a second knit Fresh Foam X Vongo v5, Fresh Foam X 1080 UNLACED, Fresh Foam X Evoz Slip Resistant,
strip having a second property that FuelCell SuperComp Trainer, FuelCell MD-X, FuelCell SuperComp Elite v3, Tekela v4 Magia
is different from the first property; FG, Tekela v4 Pro FG, and Tekela v4 Pro Low FG styles contain a first knit strip having a first
property and a second knit strip having a second property that is different from the first property.
19
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20
Case 1:23-cv-12666-JCB Document 1-19 Filed 11/06/23 Page 22 of 30
21
Case 1:23-cv-12666-JCB Document 1-19 Filed 11/06/23 Page 23 of 30
FuelCell MD-X
22
Case 1:23-cv-12666-JCB Document 1-19 Filed 11/06/23 Page 24 of 30
Tekela v4 Magia FG
Tekela v4 Pro FG
23
Case 1:23-cv-12666-JCB Document 1-19 Filed 11/06/23 Page 25 of 30
1[b]. wherein the first knit strip and The upper for each of the New Balance Fresh Foam X 1080 v12, Fresh Foam X Vongo v5, Fresh
the second knit strip are positioned Foam X 1080 UNLACED, Fresh Foam X Evoz Slip Resistant, FuelCell SuperComp Trainer,
adjacent to each other along one or FuelCell MD-X, FuelCell SuperComp Elite v3, Tekela v4 Magia FG, Tekela v4 Pro FG, and
more of a lateral side and a medial Tekela v4 Pro Low FG styles contains at least two adjacent knit strips with differing properties
side of the upper. along one or more of a lateral side and a medial side of the upper.
24
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25
Case 1:23-cv-12666-JCB Document 1-19 Filed 11/06/23 Page 27 of 30
26
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FuelCell MD-X
27
Case 1:23-cv-12666-JCB Document 1-19 Filed 11/06/23 Page 29 of 30
Tekela v4 Magia FG
28
Case 1:23-cv-12666-JCB Document 1-19 Filed 11/06/23 Page 30 of 30
Tekela v4 Pro FG
29
Case 1:23-cv-12666-JCB Document 1-20 Filed 11/06/23 Page 1 of 29
Exhibit 20
Case 1:23-cv-12666-JCB Document 1-20 Filed 11/06/23 Page 2 of 29
The allegations made herein are based on information currently available to Nike. Nike reserves the right to amend and/or supplement
these allegations based on information provided during the course of this case, including during the course of fact and expert discovery
that has yet to take place. Nike also reserves the right to supplement and/or amend these allegations in light of the construction of any
claim terms that are disputed by the parties and to the extent that such claim construction affects any of the claims set forth in the chart
below. In the event that a claim element is deemed to be missing under a literal infringement analysis (e.g., due to claim construction),
Nike reserves the right to demonstrate the presence of a substantial equivalent of such an element and to pursue infringement under the
doctrine of equivalents. Moreover, no statements made herein are intended as an admission regarding the meaning of any claim term.
1
Case 1:23-cv-12666-JCB Document 1-20 Filed 11/06/23 Page 3 of 29
2
Case 1:23-cv-12666-JCB Document 1-20 Filed 11/06/23 Page 4 of 29
Furon V7 Pro FG
3
Case 1:23-cv-12666-JCB Document 1-20 Filed 11/06/23 Page 5 of 29
See also Furon V6+ Pro FG Product Page (available at: https://www.newbalance.com/pd/furon-
v6plus-pro-fg/MSF1FP65-D-13.html )
4
Case 1:23-cv-12666-JCB Document 1-20 Filed 11/06/23 Page 6 of 29
Tekela v4 Pro FG
5
Case 1:23-cv-12666-JCB Document 1-20 Filed 11/06/23 Page 7 of 29
6
Case 1:23-cv-12666-JCB Document 1-20 Filed 11/06/23 Page 8 of 29
7
Case 1:23-cv-12666-JCB Document 1-20 Filed 11/06/23 Page 9 of 29
1[a][i]. a knit textile element Upon information and belief, the upper for each of the New Balance Fresh Foam X 1080 v12,
having knit edges free of Furon V7 Pro FG, Furon V6+ Pro FG, Tekela v4 Pro FG, Tekela v4 Pro Low FG, and FuelCell
surrounding textile structure such SuperComp Elite v3 styles contain knit edges free of surrounding textile structure such that the
8
Case 1:23-cv-12666-JCB Document 1-20 Filed 11/06/23 Page 10 of 29
that the knit edges are not knit edges are not surrounded by textile structure from which the knit textile element must be
surrounded by textile structure removed, as shown below.
from which the textile element
must be removed, Fresh Foam X 1080 v12
Furon V7 Pro FG
9
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Tekela v4 Pro FG
10
Case 1:23-cv-12666-JCB Document 1-20 Filed 11/06/23 Page 12 of 29
11
Case 1:23-cv-12666-JCB Document 1-20 Filed 11/06/23 Page 13 of 29
1[a][ii]. the knit element at least The upper for each of the New Balance Fresh Foam X 1080 v12, Furon V7 Pro FG, Furon V6+
partially defining a forefoot region Pro FG, Tekela v4 Pro FG, Tekela v4 Pro Low FG, and FuelCell SuperComp Elite v3 styles
and a heel region and having a contain a knit element defining a forefoot and heel region, and have a longitudinal axis
longitudinal axis extending extending between the forefoot and heel region, as shown below.
between the forefoot region and the
heel region, Fresh Foam X 1080 v12
12
Case 1:23-cv-12666-JCB Document 1-20 Filed 11/06/23 Page 14 of 29
Furon V7 Pro FG
13
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Tekela v4 Pro FG
14
Case 1:23-cv-12666-JCB Document 1-20 Filed 11/06/23 Page 16 of 29
1[a][iii]. wherein knit columns of Upon information and belief, the knit columns on the uppers of each of the New Balance Fresh
the knit textile element have a Foam X 1080 v12, Furon V7 Pro FG, Furon V6+ Pro FG, Tekela v4 Pro FG, Tekela v4 Pro
knitting direction parallel to the
15
Case 1:23-cv-12666-JCB Document 1-20 Filed 11/06/23 Page 17 of 29
longitudinal axis between the Low FG, and FuelCell SuperComp Elite v3 styles have a knitting direction parallel to the
forefoot region and the heel region; longitudinal axis between the forefoot region and the heel region, as shown below.
Furon V7 Pro FG
16
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17
Case 1:23-cv-12666-JCB Document 1-20 Filed 11/06/23 Page 19 of 29
Tekela v4 Pro FG
18
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19
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1[b]. a non-textile element secured The upper for each of the New Balance Fresh Foam X 1080 v12, Furon V7 Pro FG, Furon V6+
to a first portion of the knit textile Pro FG, Tekela v4 Pro FG, Tekela v4 Pro Low FG, and FuelCell SuperComp Elite v3 styles
element defining the heel region of contains a non-textile element secured to the heel region of the upper, as shown below.
the upper; and
Fresh Foam X 1080 v12
20
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Furon V7 Pro FG
21
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22
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Tekela v4 Pro FG
23
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24
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1[c]. a plurality of strips of non- The upper for each of the New Balance Fresh Foam X 1080 v12, Furon V7 Pro FG, Furon V6+
textile material secured to a second Pro FG, and Tekela v4 Pro FG styles contain a plurality of strips of non-textile material secured
portion of the knit textile element to the lateral side of the uppers that are spaced apart and parallel to each other, as shown
on a lateral side of the upper, the below.
strips of non-textile material being
spaced apart and parallel to each Fresh Foam X 1080 v12
other on the lateral side.
25
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Furon V7 Pro FG
26
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Tekela v4 Pro FG
27
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28
Case 1:23-cv-12666-JCB Document 1-21 Filed 11/06/23 Page 1 of 18
Exhibit 21
Case 1:23-cv-12666-JCB Document 1-21 Filed 11/06/23 Page 2 of 18
The allegations made herein are based on information currently available to Nike. Nike reserves the right to amend and/or supplement
these allegations based on information provided during the course of this case, including during the course of fact and expert discovery
that has yet to take place. Nike also reserves the right to supplement and/or amend these allegations in light of the construction of any
claim terms that are disputed by the parties and to the extent that such claim construction affects any of the claims set forth in the chart
below. In the event that a claim element is deemed to be missing under a literal infringement analysis (e.g., due to claim construction),
Nike reserves the right to demonstrate the presence of a substantial equivalent of such an element and to pursue infringement under the
doctrine of equivalents. Moreover, no statements made herein are intended as an admission regarding the meaning of any claim term.
1
Case 1:23-cv-12666-JCB Document 1-21 Filed 11/06/23 Page 3 of 18
15[a][i]. an upper comprising a Upon information and belief, each of the New Balance FuelCell MD-X and Tekela v4 Pro Low
knitted component, the knitted FG styles include an upper having a knitted component extending through a forefoot region, a
component extending through a midfoot region, a heel region, a lateral side, a medial side, and an instep area, as shown below.
2
Case 1:23-cv-12666-JCB Document 1-21 Filed 11/06/23 Page 4 of 18
3
Case 1:23-cv-12666-JCB Document 1-21 Filed 11/06/23 Page 5 of 18
15[a][ii]. wherein the instep area is Upon information and belief, each of the New Balance FuelCell MD-X and Tekela v4 Pro Low
joined through knitting to each of FG styles include an instep area joined by knitting to each of the lateral and medial sides, as
the lateral side and the medial side shown below.
of the upper;
FuelCell MD-X
4
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5
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15[b]. a plurality of outer lace Upon information and belief, each of the New Balance FuelCell MD-X and Tekela v4 Pro Low
apertures disposed at a first FG styles include a plurality of outer lace apertures disposed at a first location along the instep
location along the instep area on area on each of the lateral side and the medial side of the upper, as shown below.
each of the lateral side and the
medial side of the upper;
6
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FuelCell MD-X
7
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15[c][i]. a plurality of inner lace Upon information and belief, each of the New Balance FuelCell MD-X and Tekela v4 Pro Low
apertures disposed at a second FG styles include a plurality of inner lace apertures disposed at a second location along the
location along the instep area on instep area on each of the lateral side and the medial side of the upper, as shown below.
each of the lateral side and the
medial side of the upper,
8
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FuelCell MD-X
9
Case 1:23-cv-12666-JCB Document 1-21 Filed 11/06/23 Page 11 of 18
15[c][ii]. wherein the second Upon information and belief, the second location is located more inward toward a middle of the
location is located more inward upper than the first location, as shown below.
toward a middle of the upper than
the first location;
10
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FuelCell MD-X
11
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15[d][i]. a lace that extends Upon information and belief, each of the New Balance FuelCell MD-X and Tekela v4 Pro Low
through an inner lace aperture of FG styles includes a lace that extends through an inner lace aperture on the medial side of the
the plurality of inner lace apertures upper, and then exits the knitted component through an outer lace aperture on the medial side
on the medial side of the of the upper, as shown below.
upper, extends under the knitted
component along an interior
surface of the upper, and then exits
the knitted component through an
outer lace aperture of the plurality
of outer lace apertures on the
medial side of the upper,
12
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FuelCell MD-X
13
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15[d][ii]. wherein after exiting the Upon information and belief, after exiting the knitted component through the outer lace aperture
knitted component through the on the medial side of the upper, the lace extends across the instep area along an exterior surface
outer lace aperture on the medial of the upper and extends through an inner lace aperture on the lateral side of the upper, and
side of the upper, the lace extends then exits the knitted component through an outer lace aperture on the lateral side, as shown
across the instep area along an below.
exterior surface of the upper and
extends through an inner lace
aperture of the plurality of inner
lace apertures on the lateral side of
the upper, extends under the knitted
14
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15
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15[e]. a sole structure secured to Upon information and belief, each of the New Balance FuelCell MD-X and Tekela v4 Pro Low
the knitted component, the sole FG styles includes a sole structure secured to the upper, the sole structure having a plurality of
structure comprising the plurality ground-engaging cleat members, as shown below.
of ground-engaging cleat members.
16
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FuelCell MD-X
17
JS 44 (Rev. 10/20) Case 1:23-cv-12666-JCB Document
CIVIL COVER1-22 Filed 11/06/23 Page 1 of 1
SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
NIKE, INC. NEW BALANCE ATHLETICS, INC.
(b) County of Residence of First Listed Plaintiff Washington County of Residence of First Listed Defendant Suffolk
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
1. Title of case (name of first party on each side only) NIKE, INC. v. NEW BALANCE ATHLETICS, INC.
2. Category in which the case belongs based upon the numbered nature of suit code listed on the civil cover sheet. (See local
rule 40.1(a)(1)).
✔ I. 40, 41, 4, 535, 830*, 8, 893, R.23, REGARDLESS OF NATURE OF SUIT.
II. 110, 130, 190, 196, 370, 37, 440, 442, 443, 445, 446, 448, 820*, 840*, 8.
120, 150, 151, 152, 153, 195, 210, 220, 24, 310, 315, 330, 340, 345, 350, 355, 360, 36,
III. 367, 368, 37,38,422, 423, 40, 460, 462, 463, 465, 510, 530, 540, 550, 555, 625,
690, 7, 791, 861-865, 80,8,950.
3. Title and number, if any, of related cases. (See local rule 40.1(g)). If more than one prior related case has been filed in this
district please indicate the title and number of the first filed case in this court.
4. Has a prior action between the same parties and based on the same claim ever been filed in this court?
YES NO ✔
5. Does the complaint in this case question the constitutionality of an act of congress affecting the public interest? (See 28 USC
§2403)
YES NO ✔
If so, is the U.S.A. or an officer, agent or employee of the U.S. a party?
YES NO
6. Is this case required to be heard and determined by a district court of three judges pursuant to title 28 USC §2284?
YES NO ✔
7. Do all of the parties in this action, excluding governmental agencies of the United States and the Commonwealth of
Massachusetts (“governmental agencies”), residing in Massachusetts reside in the same division? - (See Local Rule 40.1(d)).
YES NO ✔
A. If yes, in which division do all of the non-governmental parties reside?
YES NO ✔
(PLEASE TYPE OR PRINT)
ATTORNEY'S NAME Fred Kelly
ADDRESS ARNOLD & PORTER KAYE SCHOLER LLP, 200 Clarendon Street, 53rd Floor, Boston, MA 02116-5021
TELEPHONE NO. (617) 351-8050
(CategoryForm-201.wpd )
Case 1:23-cv-12666-JCB Document 1-24 Filed 11/06/23 Page 1 of 2
Nike, Inc. )
)
)
)
Plaintiff(s) )
)
v. Civil Action No. 23-cv-12666
)
New Balance Athletics, Inc. )
)
)
)
Defendant(s) )
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: Christopher J. Renk
70 West Madison Street, Suite 4200
Chicago, Illinois 60602
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
Case 1:23-cv-12666-JCB Document 1-24 Filed 11/06/23 Page 2 of 2
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
u I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
u Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
Date:
Server’s signature
Server’s address