Substantially all Nike eyewear now in production, including the accused models, incorporates Nike's Max Lens Technology. Nike's Max Lens Technology is not involved in the litigation. Oakley has accused the lenses incorporated in the original versions of Nike's V6, V10, Opdigs, RV8 and RV12 eyewear of infringing the XYZ Optics patents. However, Oakley's motion for summary judgment omitted the V6, V10 and Opdigs eyewear lenses. Clearly, Oakley believes significant issues exist as to the alleged infringement by these eyewear.
Infringement remains to be resolved by the jury at trial.
Nike hopes for an early trial date and looks forward to having the opportunity to present its evidence to a jury. NIKE Inc., headquartered in Beaverton, Ore., markets its products in more than 100 countries and is the world's leading sports and fitness company.