ARTICLE
9 August 2024

Best In The World: Gear At The Forefront Of Sports And Technology

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Foley & Lardner

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Foley & Lardner LLP looks beyond the law to focus on the constantly evolving demands facing our clients and their industries. With over 1,100 lawyers in 24 offices across the United States, Mexico, Europe and Asia, Foley approaches client service by first understanding our clients’ priorities, objectives and challenges. We work hard to understand our clients’ issues and forge long-term relationships with them to help achieve successful outcomes and solve their legal issues through practical business advice and cutting-edge legal insight. Our clients view us as trusted business advisors because we understand that great legal service is only valuable if it is relevant, practical and beneficial to their businesses.
The best athletes in the world have converged on Paris to represent their countries and showcase their ultimate sports performances — but the athletes are not the only ones going for gold.
United States Intellectual Property
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The best athletes in the world have converged on Paris to represent their countries and showcase their ultimate sports performances — but the athletes are not the only ones going for gold. The Paris Olympics is also an arena for apparel and technology companies to represent their countries and showcase the best gear that sports and technology has to offer. 

The 2024 Paris Olympics is featuring an array of innovative athletic gear that is the absolute best-in-class in sports and technology. Track and field athletes will showcase moisture-wicking compression tops designed to reduce muscle vibration and fatigue, and lightweight shoes with carbon fiber plates and outsoles designed for optimum durability and grip on track surfaces.1 Swimmers will wear state-of-the-art anti-fog googles with anti-scratch coatings and polycarbonate lenses, and swimwear made from polyurethane and hydrophobic textiles engineered to minimize drag in water, repel water, reduce surface friction, and enhance glide efficiency.2 Gymnasts will be dressed in high-stretch leotards and have silicone- or latex-based grip aids on their hands and feet to enhance traction. 3

Such stratospheric advances in sports and technology would not be possible without the patent system — the system whereby inventors are rewarded with a legal right to exclude others for 20 years from the date of filing a patent application with a granted patent in exchange for putting their inventions in the public domain. Indeed, some of the greatest advancements in athletic apparel and gear are protected by utility and design patents.

Patentable Wearables

Having a product sported by athletes at the Olympics is a significant and lucrative accomplishment for companies. For that reason, industry giants pour significant effort into developing the best garments, fabrics, swimwear, shoes, and wearable technology that help athletes reach the next level. These products that are showcased in the Olympics eventually become commercially available to consumers.

Garments and fabrics

Innovation in sportswear focuses on minimizing discomfort and maximizing durability.4 This tends to be achieved by reducing friction through the integration of materials with low coefficients of friction, using a combination of hydrophilic and hydrophobic fibers to wick away moisture, and enhancing lubrication through microencapsulated lubricants that are embedded in the fabric and become gradually released during wear.5 Durability is usually maximized by increasing a material's abrasion resistance (the ability to withstand friction-induced surface wear) and fatigue resistance (the ability to withstand repetitive, localized stresses).6

In recent years, sportswear materials have evolved in multiple directions. Some companies have developed compression garments that apply controlled pressure to enhance blood flow and reduce muscle fatigue.7 Others have employed bioinspired materials — replicating uniquely advantageous properties found in natural structures — and nanotechnology, which uses nano-coatings of titanium dioxide (TiO2) and silicon dioxide (SiO2) nanoparticles to create ultra-hydrophobic surfaces and impart highly desirable properties — self-cleaning, high water-resistance, and better breathability to name a few — onto textiles.8

Shoes

Nike®, the official supplier of competition uniforms for Team USA,9 is one of the frontrunners in the shoe innovation race. The Pegasus Premium, Nike's greatest breakthrough since the Vaporfly and Alphafly® models, features a proprietary sculpted Air Zoom® unit that contours to the natural profile of a runner's foot and thereby carries the runner's power through the heel-to-toe transition.10

Nike's innovative shoes are protected by multiple patents. U.S. Patent No. 10,856,611 covers the stacked cushioning arrangement for the shoe's sole structure, which features carbon fiber plates and two pairs of fluid-filled chambers under the ball of the foot. U.S. Patent Nos. 11,957,216 and 11,666,119 cover sole structures with directional traction elements, downward-extending midsole protrusions, and specific arched profiles that help with forward momentum. Meanwhile, U.S. Patent No. 11,758,983 covers specific cleat structures and patterns.

Wearable technology and accessories

Innovation in high-tech accessories has become a game-changer in athletic training, allowing athletes to reach new heights in their performances. The modern athlete has access to a wide range of wearable devices, biometric sensors, motion-capture instruments, data analytics platforms, and AI-driven technology to fine-tune technique and analyze physical performance.11 Australia's swim team uses virtual reality goggles to visualize and optimize the speed of relay changeovers.12 China's gymnastics team uses machine vision and artificial intelligence to analyze gymnasts' motion without sensors and identify areas of improvement.13

Patentable Non-Wearables

Innovative apparel and wearable gear are not the only articles that are taking center stage at the 2024 Paris Olympics. One non-wearable innovation that will be difficult to miss is the purple track at the Stade de France created by the Mondo Group.14 The company, which has made every Olympic track since 1976 and holds numerous patents in the space, says that this is the fastest track it has made to date — two percent faster than Tokyo's in 2020.15 The track flooring has two layers:16 the upper layer optimizes contact time between shoes and the surface, while the lower layer features elongated honeycomb-shaped air cells that absorbs the shock of feet pounding the pavement, pushing out and giving the energy back as the athlete's foot takes off.17

Patented Artificial Intelligence (AI) technology will transform the experience of athletes and the audience at the Paris Olympics in many ways, from enhancing viewing experience to safeguarding athletes from cyber abuse.18 AI-based motion-tracking technology is providing commentators with unprecedented ability to track athletes' positions and postures in various events.19 Additionally, AI will be used not only to help the police track “unusual patterns” and physically secure the event, but it is also being used to monitor social media accounts on all major platforms in over 35 languages in real time.20

The Paris Olympics 2024 promises to be the most competitive Olympics yet — for athletes as well as the sports and technology industries vying for a chance to showcase the products that they have worked so hard to develop.

Special thanks to Meyke Kang, a Foley summer patent engineer in the Washington, D.C. office, for her contributions to this article.

Footnotes

1. Tribology and Sportswear Materials: Enhancing Performance at the Olympic Games 2024, PCS Instruments (June 17, 2024) [hereinafter Tribology., https://pcs-instruments.com/articles/tribology-and-sportswear-materials/.

2. Id.

3. Id.

4. Tribologysupra  note 1.

5. Id.

6. Id.

7. Id.

8. Tribologysupra  note 1.

9. Alice Higham, Nike Is in Trouble. Can the Olympics Save It?, Newsweek (Jul. 22, 2024)?, https://www.newsweek.com/nike-trouble-2024-paris-olympics-1927496.

10. Nike Ignites New Frontier of Innovation With 40 Elite Athletes in Unforgettable Experience in Paris, Nike (Apr. 11, 2024), https://about.nike.com/en/newsroom/releases/nike-ignites-new-frontier-of-innovation-with-40-elite-athletes-in-unforgettable-experience-in-paris.

11. Olympics 2024: Integrating Technology for Unprecedented Sports Spectacle, Exeleon (2024), https://exeleonmagazine.com/olympics-2024-integrating-technology-sports/.

12. Nicole Jeffery, Olympic dreams in 3D: Australian swimmers turn to VR goggles in pursuit of Paris gold,  The Guardian (May 19, 2024), https://www.theguardian.com/sport/article/2024/may/20/paris-olympics-australia-swim-team-vr-headsets-relay-practice.

13. Jiang Chuqin, Paris Olympics: the tech advances helping athletes go faster, higher and stronger, South China Morning Post (July 22, 2024), https://www.scmp.com/sport/other-sport/article/3271008/paris-olympics-tech-advances-helping-athletes-go-faster-higher-and-stronger.

14. Padraig Belton, What Makes an Athletics Track Fast, BBC (July 2024), https://www.bbc.com/news/articles/crg4d5vn0n0o.

15. Id.

16. Id.

17. Id.Elongated Honeycomb Backing, Mondo (2024), https://www.mondoworldwide.com/na/en/technology/elongated-honeycomb-backing/.

18. AI and tech innovations at Paris 2024: A game changer in sport, International Olympic Committee (July 20, 2024), https://olympics.com/ioc/news/ai-and-tech-innovations-at-paris-2024-a-game-changer-in-sport.

19. Id.

20. AI system to protect athletes from online abuse during Paris 2024, International Olympic Committee (May 7, 2024), https://olympics.com/ioc/news/ai-system-to-protect-athletes-from-online-abuse-during-paris-2024; Kim Hjelmgaard, Protecting Paris: Police snipers and AI cameras will watch over Olympic Games,  USA Today (July 22, 2024), https://www.usatoday.com/story/sports/olympics/2024/07/22/paris-olympics-security-police-ai/74405398007/.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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