SherryWear vs. Nike: Apparel Patent Dispute Ends in Dismissal for Sports Bra Patents
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📋 Case Summary
| Case Name | SherryWear, LLC v. Nike, Inc. |
| Case Number | 1:23-cv-11599 |
| Court | U.S. District Court for the District of Massachusetts |
| Duration | Jul 2023 – May 2025 22 months |
| Outcome | Dismissed with Prejudice – Mutual Costs |
| Patents at Issue | |
| Accused Products | Nike Swoosh Bra, Nike Swoosh On The Run, Nike Swoosh Pocket Bra |
Case Overview
The Parties
⚖️ Plaintiff
Patent-holding entity asserting intellectual property rights in women’s athletic and supportive apparel technology.
🛡️ Defendant
Global sportswear leader with extensive product lines and robust in-house IP operations, defended by Kirkland & Ellis, LLP.
Patents at Issue
This case involved eight U.S. utility patents spanning women’s supportive athletic apparel technology, reflecting an iterative prosecution strategy over multiple patent families. The asserted patents cover functional and structural features of women’s supportive garments:
- • US9289016B1
- • US9295288B1
- • US9723878B1
- • US9808036B1
- • US10219550B1
- • US10219551B1
- • US10244800B1
- • US10869510B1
Developing a similar apparel product?
Check if your athletic garment design or technology might infringe these or related utility patents.
The Verdict & Legal Analysis
Outcome
The case concluded via stipulated dismissal with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). No damages were awarded, no injunctive relief was granted, and no disclosed monetary settlement was entered into the public record. The joint stipulation stated: “Each party will bear its own costs and fees in this action.”
Understanding Rule 41(a)(1)(A)(ii) Dismissals
A Rule 41(a)(1)(A)(ii) dismissal requires the agreement of all parties. The “with prejudice” designation means SherryWear permanently forfeited its right to re-litigate these specific claims against Nike. The mutual cost-bearing provision is a hallmark of negotiated resolution, where neither party achieved a clean litigation victory compelling the other to capitulate.
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⚠️ Freedom to Operate (FTO) Analysis
This case highlights critical IP risks in women’s athletic apparel design. Choose your next step:
📋 Understand This Case’s Impact
Learn about the specific risks and implications from this litigation for the apparel industry.
- View all 8 patents involved in this case
- See which companies are most active in athletic apparel utility patents
- Understand claim construction patterns for support garments
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- AI identifies potentially blocking patents
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High Risk Area
Women’s athletic support garments
8 Patents Involved
In this specific apparel case
Design-Around Options
Possible for many utility claims
✅ Key Takeaways
For Patent Attorneys & Litigators
Rule 41(a)(1)(A)(ii) dismissals with prejudice and mutual cost-bearing are structurally consistent with confidential licensing resolutions.
Search related case law →Multi-patent portfolios (eight utility patents here) create assertion leverage but also increase claim construction complexity and litigation cost.
Explore multi-patent strategies →Massachusetts District Court is a viable but non-obvious venue choice for apparel patent litigation, highlighting the importance of venue strategy.
Analyze patent venues →For R&D Teams in Apparel
Conduct Freedom-to-Operate (FTO) analysis early for women’s athletic support garments, accounting for patent families like SherryWear’s.
Start FTO analysis for my product →Product architecture decisions in performance apparel carry real patent risk — thorough FTO review is essential before commercial launch.
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