`
`“Swoosh Bra” Infringement Claim Chart for
`U.S. Patent No. 9,289,016 (“the ‘016 Patent”)
`
`NIKE’s making, using, offering to sell, and selling of the Swoosh Bra product
`directly and indirectly infringes claims 1 and 2 of the ‘016 Patent. The Swoosh Bra
`features each element of each of those claims literally or by the doctrine of
`equivalents. Whenever a handheld electronic device is inserted into either side
`pocket of the Swoosh Bra, claim 4 is additionally infringed.
`
`Here are two images of the Swoosh Bra:1
`
`References:2
`I Tried NIKE’s 6-Pocket Sports Bra, and It’s the Best Thing Since Avocado
`•
`Toast, WELLANDGOOD.COM, https://www.wellandgood.com/sports-bra-for-
`running/ (last visited May 15, 2023).
`
`• NIKE Women’s Pocket Medium Support Bra, POSHMARK.COM,
`https://poshmark.com/listing/NIKE-Womens-Pocket-Medium-Support-Bra-
`5fadd8dd93649ffa40903769 (last visited May 15, 2023).
`
`1 I Tried NIKE’s 6-Pocket Sports Bra, and It’s the Best Thing Since Avocado Toast,
`WELLANDGOOD.COM, https://www.wellandgood.com/sports-bra-for-running/ (last visited May 15,
`2023).
`2 All images are from these references.
`
`1
`
`NIKE-1040
`
`
`
`Case 1:23-cv-11599-LTS Document 1-34 Filed 07/17/23 Page 3 of 6
`
`U.S. Patent No. 9,289,016
`(Claim 1)
`1. [pre] A pocket bra system
`comprising:
`[1.1] a strap assembly including a chest
`strap and shoulder straps;
`
`Infringing NIKE Product
`(Swoosh Bra)
`The Swoosh Bra has six pockets.3
`
`The Swoosh Bra has a chest strap (1)
`and shoulder straps (2):
`
`
`[1.2] a left cup and a right cup, each cup
`having inside and outside surfaces, the
`strap assembly being attached to the
`cups whereby the strap assembly holds
`the cups to a wearer;
`
`
`
`
`The Swoosh Bra has a left and right
`cup (3). Each of the left and right cups
`have inside and outside surfaces. The
`strap assembly holds the cups to the
`wearer:
`
`
`
`
`3 See supra, note 1.
`
`
`
`
`
`2
`
`
`
`Case 1:23-cv-11599-LTS Document 1-34 Filed 07/17/23 Page 4 of 6
`
`[1.3] a side patch on one of an inside or
`outside surface of each side of the chest
`strap adjacent to each of the left cup
`and right cup,
`
`
`
`
`The Swoosh Bra has a side patch (4) on
`the outside surface of each side of the
`bra’s chest strap. Each side patch is
`adjacent to an associated cup:
`
`
`[1.3.1] the side patches having upper
`and lower edges along at least part of a
`length of the strap, and side edges,
`
`
`
`
`The side patches (4) have upper edges
`(5) and lower edges (6) that run along
`the bra’s strap and side edges:
`
`
`
`
`3
`
`
`
`Case 1:23-cv-11599-LTS Document 1-34 Filed 07/17/23 Page 5 of 6
`
`[1.3.2] each side patch having stitching
`along the lower and side edges thus
`forming an upper opening at each side
`patch such that each side patch forms a
`pocket, and
`
`
`
`The side patches (4) have stitching
`along their lower and sides edges thus
`forming an upper opening (7):
`
`
`[1.3.3] wherein each side pocket extends
`onto the adjacent cup, such that each
`pocket spans both a part of the chest
`strap and a part of the adjacent cup.
`
`
`
`Each side pocket extends onto its
`adjacent cup:
`
`
`
`
`
`
`
`
`
`
`
`
`
`4
`
`
`
`Case 1:23-cv-11599-LTS Document 1-34 Filed 07/17/23 Page 6 of 6
`
`Infringing NIKE Product
`(Swoosh Bra)
`On information and belief, the cups are
`fabricated of a resilient closed cell
`polyurethane foam with a thickness of
`from 2 to 4 millimeters.
`
`Infringing NIKE Product
`(Swoosh Bra)
`Whenever a hand-held electronic device
`is placed within one of the Swoosh Bra’s
`side pockets, claim 4 is infringed.
`
`
`
`U.S. Patent No. 9,289,016
`(Claim 2)
`2. The system as set forth in claim 1
`wherein the cups and the patches form
`pockets, the cups being fabricated of a
`resilient closed cell polyurethane foam
`with a thickness of from 2 to 4
`millimeters.
`
`
`
`
`U.S. Patent No. 9,289,016
`(Claim 4)
`4. The system as set forth in claim 1
`and further including a handheld
`electronic device, the handheld
`electronic device placed within one of
`the side pockets.
`
`
`
`
`
`
`
`
`
`5
`
`
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