PATENT WARS: How Legal Battles Off the Field Are Changing the Games We Play

 

"An investment in knowledge pays the best interest."

- Benjamin Franklin

Introduction 

The sports world is in the midst of a high-tech revolution that is transforming how athletes train, compete, and captivate fans. From smart stadiums to wearable tech, the last few decades have seen an avalanche of innovation aimed at enhancing performance, preventing injury, and increasing engagement. 

This sports tech explosion has unleashed a flurry of patent filings from companies seeking to lock in intellectual property rights over everything from athlete tracking sensors to instant replay systems. Sports that once relied on just athletic prowess now find themselves powered by cutting-edge science, data analytics, and proprietary tech.

Leagues, teams, and gear-makers are aggressively patenting new materials, equipment designs, training regimens, and digital media tools to gain a competitive edge. Sports tech patents have become fiercely contested legal battlegrounds, where the difference between winning and losing often boils down to who holds key IP rights.

These modern patent wars highlight how intellectual property protections stimulate progress by allowing those who invent the future of sports to reap rewards. But they also raise challenging questions around potential tech monopoly power and access. As sports continue their high-tech transformation, the arena of patent law looms large over every court, pitch, and stadium.

For players, fans, coaches and companies, intellectual property may soon become as crucial as points scored or races won. The future of sports appears likely to be shaped not just by athletics, but by who owns the patents behind them.

Recent Trends in Sports Patenting

There are several notable trends that have emerged in sports patent filings and litigation in recent years:

- Growth in sports technology patents: There has been an explosion of patent applications related to wearable sensors, mobile apps, analytics software, virtual reality training tools, and advanced equipment embedded with technology like sensors or AI. Companies aggressively filing patents include Nike (e.g. patents on sensor-equipped athletic shoes), WHOOP (wearable devices for tracking athlete performance and recovery), and Catapult (GPS tracking sensors for optimizing training). 

- Expansion of digital media patents: Sports leagues, broadcasters, and teams are patenting new technologies as media consumption goes digital. The NFL has patented systems for online streaming, graphics overlays displaying interactive game data, and social media integration during broadcasts. The NBA has patented technology for virtual reality game viewing and systems that turn player data into video highlights.

- Focus on athlete safety and health: Patents are increasingly targeting injury prevention and recovery. For example, Riddell has patented helmet padding systems aimed at reducing concussions. Sensoria Fitness has patented "smart sock" technology to detect gait issues and analyze running mechanics. Faceguardz has patented mouthguards with impact sensors to monitor head injuries. Other patents cover playing surface materials to prevent injuries.

- Patents for new sports and equipment variations: Sporting good companies are patenting equipment innovations and rule modifications to create fresh sports and workouts, which if popular, provide valuable patent protections. Recent examples include pickleball paddle designs (e.g. Selkirk Sport's Amped paddle series) and foot golf balls and clubs (NIKE's patents).  

Relevant cases include Nike successfully enforcing patented shoe cushioning tech against Adidas (2017), Select Sport suing Wilson for infringing patented pickleball paddle designs (2022), and an ongoing patent lawsuit between sports sensor companies Catapult and Stats Perform.

Key Patent Laws and Issues in Sports

Several legal doctrines and considerations shape patenting activity and enforcement strategy in the sports industry:

- Patent eligibility of sports moves: Copyright law does not confer protection for sports techniques and maneuvers themselves. However, systems or methods for capturing, analyzing or teaching athletic movements may constitute patent-eligible subject matter. For instance, in Bluecurrent, Inc. v. Invzbl LLC (2021), the Federal Circuit upheld patents on underwater motion sensing and analysis as applied to swimming techniques.

- Utility requirement: To meet patentability standards under 35 U.S.C. §101, sports innovations must demonstrate definitive real-world functionality and applicability. Mere novelty is insufficient. In Adidas v. Anspach (2008), the court invalidated Adidas' patent on a dimpled, aerodynamic football design for lack of proven utility.

- Prior art challenges: Many sports patent applications are rejected due to anticipatory prior art under 35 U.S.C. §102. This is especially common for incremental improvements on existing equipment and techniques. For example, patents on elliptical trainers have frequently been rejected on grounds of anticipation by prior art. 

- Infringement litigation risks: Sports patent holders must monitor potential infringement and strategically enforce their IP rights through litigation under 35 U.S.C. §271. For instance, specialized swimwear has triggered high-profile patent disputes like Speedo International v. TYR Sport (2011) over infringing technical racing suits.

Thorough prior art searches, astute patent claims drafting, and proactive litigation posture are key to leveraging patent rights in the dynamic sports industry.

Conclusion

As the sports industry continues its relentless technological revolution, patent strategy grows increasingly crucial for companies seeking to reap rewards from their innovations. The field of sports patent law is rapidly evolving, requiring diligent monitoring from IP holders. 

Astute patent drafting, based on awareness of prior art and subject matter eligibility barriers, can provide critical protections for emerging sports technologies. But litigation risks remain high, as rivals seek to copy or incrementally improve patented designs. Proactive enforcement through necessary lawsuits, like recent cases over specialized equipment, will define patent strength.

The delicate balance between meaningful protection and overzealous litigation must be weighed carefully in this competitive arena. But those who skillfully leverage patents for their novel gears, training tools, safety equipment, and digital media inventions can secure tremendous competitive and financial advantages.

Staying abreast of the latest case law, such as recent rulings on software patents and sensor-based analytics, will prove vital. Companies who lag in their understanding of patent eligibility, utility requirements, and infringement nuances will be left behind. But those who adeptly apply patents to their breakthroughs could redefine sports as we know them.

With technology permeating all aspects of athletics and fan engagement, the field is ripe for visionaries to make their mark. The legal protections afforded by patents will incentivize this high-tech transformation of sports in the coming years. Players, coaches, fans, and industry competitors should all closely monitor how intellectual property issues will shape the games we love. The arena of sports patent law promises to be as thrilling and unpredictable as the action on the field itself.

Written by

Akshay Singh Rawat

LinkedIn