Context: FAST IP, an affiliate of the company behind footwear brand Kizik, sued six Skechers group companies before the UPC’s Munich Local Division (LD) in August 2025, alleging that four rapid-entry shoe models infringed its patent covering an elastic element and heel stabilizer. Skechers denied infringement and counterclaimed for revocation of the patent.
What’s new: The Munich LD has revoked the patent’s original independent claim for lack of novelty but upheld it in amended form, finding that one of the four challenged Skechers shoe models infringed. The court granted an injunction and ordered corrective measures, making enforcement of the latter conditional on €5 million in security.
Direct impact: The mixed ruling allows both sides to claim victory. Skechers defeated infringement allegations concerning three of four accused shoe models and succeeded in narrowing the patent’s scope, while FAST IP secured an injunction and a damages liability finding concerning the remaining model, despite the partial revocation.
Wider ramifications: The ruling reinforces the limits of claim interpretation under Article 69 EPC, rejecting restrictions unsupported by the claim language. It also underscores the importance of substantiating inventive-step challenges with a concrete pointer or motivation in the prior art, rather than relying on the court to identify the necessary factual basis.
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Court and counsel
UPC Munich Local Division
Panel: Presiding Judge and Judge-Rapporteur Tobias Pichlmaier, Judge Dr. Ina Schnurr, Judge Mojca Mlakar, Technically Qualified Judge Michel Abello
FAST IP is being represented by Grünecker’s Dr. Bernd Allekotte.
Skechers is being represented by Powell Gilbert’s Timothy Whitfield.
