In
Hytera Communications Corp. Ltd. v. Motorola Solutions, Inc., 1-17-cv-01794 (NDOH 2021-04-29, Order) (Donald C. Nugent), the District Court denied defendant’s motion for attorney fees under 35 U.S.C. § 285, determining plaintiff’s litigation positions were not baseless even after a granting of summary judgment of noninfringement that “was not a close call.”
As way of background, in patent infringement cases, Courts are authorized to award “reasonable attorney fees to the prevailing party” in “exceptional cases.” The determination of whether to award fees requires a two-step process: first, the court must make a factual determination as to whether the case is “exceptional,” and second the court must exercise its discretion to determine if an award of attorney fees is warranted. Under the Federal Circuit’s holding in
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DISH Technologies LLC and Sling TV LLC (collectively, DISH) filed complaints against Peloton Interactive Inc. on Tuesday in the Eastern District of Texas and ICON Health & Fitness Inc., as well as lululemon athletica Inc. (lululemon) and Curiouser Products Inc. (doing business as MIRROR) on Wednesday in the District of Delaware, alleging that the defendants infringed DISH’s streaming-related patents in their respective fitness streaming services.
DISH, which provides the DISH Network satellite pay TV and the Sling TV streaming service, sued Peloton, which “operates online streaming services through its Peloton Application and Peloton Devices (e.g., Peloton Bike and Peloton Tread)” and ICON, which “operates online streaming services through its iFit® software, which it provides on certain ICON fitness equipment and is made available for download through the Apple iTunes Store and Google Play store.” Additionally, DISH sued lululemon and MIRR
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On Wednesday, ICON Health & Fitness Inc. filed a complaint against Peloton Interactive Inc. for allegedly infringing the patent-in-suit for its automatic control Bike + product.
According to the complaint, since 1977 ICON has had a diverse fitness company under brands such as NordicTrack®, ProForm®, and iFIT®. Reportedly, ICON “was the first to develop and commercialize interactive connected technology that allowed in-home, live, and on-demand instructor led classes with competition and leaderboards (i.e., iFIT) at least 12 years before Peloton was founded. ICON asserted that it “demonstrated its first iteration of iFIT in the late 1990s.” Specifically, for the Atlanta Super Show, a fitness and sport trade show, ICON allegedly “created a remote studio-based treadmill class that was led by an instructor located at ICON’s headquarters in Utah and presented remotely to class participants in Atlanta.” Accordingly, “(t)he instructor led t
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This post summarizes some of the significant developments in the Northern District of Texas and the Eastern District of Texas for the month of December 2020.
Uniloc 2017 LLC v. Google LLC
, No. 2:18-cv-00493-JRG-RSP (E.D. Tex. Dec. 14, 2020), Dkt. No. 316: Denial of Defendant’s Motions for Attorney’s Fees
In late 2018, Uniloc alleged that Google’s Pixel line of smartphones infringed various claims of U.S. Patent No. 6,836,654. The ’654 patent relates to device-blocking functionality “subsequent to a mounting of a linked user identification module” in a mobile device. ’654 patent, cl. 1. Uniloc generally accused the Pixel’s removable and non-removable Subscriber Identity Modules (“SIMs”) of meeting independent claim 1’s “linked user identification module” limitation.
Sports And Fitness Goods Market Rising Trends and New Technologies Research 2020 to 2025
Global Sports And Fitness Goods Market Report from AMA Research highlights deep analysis on market characteristics, sizing, estimates and growth by segmentation, regional breakdowns& country along with competitive landscape, players market shares, and strategies that are key in the market. The exploration provides a 360° view and insights, highlighting major outcomes of the industry. These insights help the business decision-makers to formulate better business plans and make informed decisions to improved profitability. In addition, the study helps venture or private players in understanding the companies in more detail to make better informed decisions.