Case 6:17-cv-01217-EFM-KGS Document 1 Filed 08/23/17 Page 1 of 17
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF KANSAS 
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`
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`CIVIL ACTION NO.
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`
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`JURY DEMAND
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`LOGANTREE LP
`
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`Plaintiff,
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`Defendants.
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`
`
`
`
`v.
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`GARMIN INTERNATIONAL, INC.,
`GARMIN USA, INC., and GARMIN, LTD.
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`
`
`PLAINTIFF’S ORIGINAL COMPLAINT
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`
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`1.
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`Plaintiff LoganTree LP (“LoganTree”) files this, its Original Complaint for patent
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`infringement. Plaintiff asserts claims for patent infringement of U.S. Patent No. 6,059,576 (“the
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`‘576 Patent”), as reexamined, against Defendants Garmin International, Inc. (“Garmin Int’l”),
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`Garmin USA, Inc. (“Garmin USA”), and Garmin, Ltd. (collectively, “Garmin”), under 35 U.S.C.
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`§ 271, et seq. In support thereof, LoganTree would respectfully show the Court the following:
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`PARTIES
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`2.
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`Plaintiff LoganTree LP (“Plaintiff” or LoganTree”) is a partnership organized
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`under the laws of the state of Nevada. LoganTree’s sole general partner is Gulfstream Ventures,
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`LLC (“Gulfstream”), a limited liability company organized under the laws of the state of
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`Nevada. Theodore and Anne Brann are the owners and sole managing members of Gulfstream,
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`and their address is P.O. Box 2345, Boerne, Texas 78006.
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`3.
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`Upon information and belief, Defendant Garmin Int’l is a corporation organized
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`and existing under the laws of the State of Kansas, with its principal place of business at 1200
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`East 151st Street, Olathe, Kansas 66062. Garmin Int’l may be served through its registered
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`agent, David Ayres, at 1200 East 151st Street, Olathe, Kansas 66062.
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`4.
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`Upon information and belief, Defendant Garmin USA is a corporation organized
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`and existing under the laws of the State of Kansas, with its principal place of business at 1200
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`East 151st Street, Olathe, Kansas 66062. Garmin Int’l may be served through its registered
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`agent, David Ayres, at 1200 East 151st Street, Olathe, Kansas 66062.
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`5.
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`Upon information and belief, Defendant Garmin Ltd. is a company organized and
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`existing under the laws of Switzerland with its principal place of business at Muhlenstalstrasse 2,
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`8200 Schaffhausen, Switzerland, and can be served at that address.
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`6.
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`Upon information and belief, Garmin Int’l and Garmin USA are wholly-owned
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`subsidiaries of Garmin Ltd.
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`7.
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`Upon information and belief, Garmin sells and offers to sell products and services
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`throughout the United States, including in this judicial district, and introduces products and
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`services into the stream of commerce that incorporate infringing technology knowing that they
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`would be sold in this judicial district and elsewhere in the United States.
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`JURISDICTION AND VENUE
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`8.
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`This is an action for patent infringement arising under the patent laws of the
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`United States, Title 35, United States Code. This Court has subject matter jurisdiction over this
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`action under 28 U.S.C. §§ 1331 and 1338(a).
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`9.
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`On information and belief, this Court has general and specific personal
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`jurisdiction over each of the Defendants because each Defendant is present within and/or has
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`sufficient minimum contacts with the State of Kansas and the District of Kansas pursuant to the
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`Due Process Clause of the United States Constitution and the law of Kansas; each Defendant has
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`purposefully availed itself of the privileges of conducting business in the State of Kansas and in
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`the District of Kansas; each Defendant has sought protection and benefit from the laws of the
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`State of Kansas; each Defendant regularly conducts business within the State of Kansas and
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`within the District of Kansas; each Defendant has purposefully and voluntarily placed infringing
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`products in the stream of commerce with the expectation that its products will be purchased by
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`end users in the State of Kansas and in the District of Kansas; each Defendant has committed the
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`tort of patent infringement within the State of Kansas and within the District of Kansas; and
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`Plaintiff’s causes of action arise directly from the Defendants’ business contacts and other
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`activities in the State of Kansas and in the District of Kansas.
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`10. More specifically, Garmin directly and/or through intermediaries (including
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`distributors, retailers, and others) ships, distributes, offers for sale, sells, and/or advertises its
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`products in the United States, the State of Kansas, and the District of Kansas, including but not
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`limited to the Accused Products identified below. Garmin solicits customers in the State of
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`Kansas and in the District of Kansas. Garmin has customers who are residents of the State of
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`Kansas and the District of Kansas and who use Garmin’s products and services, including the
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`Accused Products, in the State of Kansas and in the District of Kansas. Garmin derives
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`substantial revenue from goods and service provided to individuals in Kansas and in the District
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`of Kansas.
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`11.
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`Venue is proper in the District of Kansas under 28 U.S.C. § 1400(b). Defendants
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`Garmin Int’l and Garmin USA both reside in Kansas and the District of Kansas because both are
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`incorporated in the State of Kansas. On information and belief, Defendant Garmin Ltd. has
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`committed acts of patent infringement in the State of Kansas and in the District of Kansas and
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`has a regular and established place of business in the State of Kansas and the District of Kansas.
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`See TC Heartland LLC v. Kraft Foods Grp. Brands LLC, 137 S. Ct. 11514 (2017). Moreover, on
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`information and belief, Garmin has transacted business in this district, and has directly and/or
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`indirectly committed and/or induced acts of patent infringement in this district.
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`THE PATENT-IN-SUIT
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`12.
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`On May 9, 2000, the United States Patent and Trademark Office (“PTO”) duly
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`and lawfully issued the ‘576 Patent, entitled “Training and Safety Device, System and Method to
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`Aid in Proper Movement During Physical Activity,” after a full and fair examination. A true and
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`correct copy of the ‘576 Patent is attached hereto as Exhibit A.
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`13.
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`On March 17, 2015, following a reexamination requested by LoganTree, the PTO
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`issued a reexamination certificate for the ‘576 Patent, bearing U.S. Patent No. 6,059,576 C1
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`(“the ‘576 Reexamination Certificate”). A true and correct copy of the ‘576 Reexamination
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`Certificate is attached hereto as Exhibit B. The ‘576 Patent as reexamined is referred to as the
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`“Reexamined ‘576 Patent.”
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`14.
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`The named inventor of the ‘576 Patent is Theodore Brann.
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`15. Mr. Brann assigned all right, title, and interest in the ‘576 Patent to LoganTree.
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`LoganTree possess all rights of recovery under the ‘576 Patent and the Reexamined ‘576 Patent,
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`including the exclusive right to sue for infringement and recover past damages.
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`MR. BRANN’S INVENTION
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`16.
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`The ‘576 Patent generally relates to a device that Mr. Brann invented to measure,
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`analyze, and record data about the wearer’s body movements using an accelerometer,
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`programmable microprocessor, internal clock, and memory. The ‘576 Patent summarizes the
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`invention as follows:
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`An electronic device, system, and method to monitor and train an individual on
`proper motion during physical movement. The system employs an electronic
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`device which tracks and monitors an individual’s motion through the use of an
`accelerometer capable of measuring parameters associated with the individual’s
`movement. The device also employs a user-programmable microprocessor which
`receives, interprets, stores and responds to data relating to the movement
`parameters …. The downloadable, self-contained device can be worn at various
`positions along the torso or appendages being monitored depending on the
`specific physical task being performed. The device also detects the speed of
`movements made while the device is being worn ….
`
`(Ex. A at 1).
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`17.
`
`As described in the ‘576 Patent, these basic components of Mr. Brann’s patented
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`invention can be physically configured in a number of different ways depending upon the
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`application to which the invention is put, and the device itself is fully user-programmable, such
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`that it can be programmed to detect the occurrence of various different events according to
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`parameters defined by the user as part of the device’s programming. (Id. at 13-17).
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`18.
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`The ‘576 Patent describes in detail, and with reference to the included drawings,
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`how Mr. Brann’s invention might function in one possible “Preferred Embodiment.”1 (Id. at 13-
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`17). In the Preferred Embodiment, the patented invention consists of a “self-contained movement
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`measuring device” that can be attached to the wearer in a “variety of positions based on the
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`specific movement being observed” and “the particular application in which the device is used.”
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`(Id. at 13). As illustrated in Figure 4, the Preferred Embodiment of the “self-contained movement
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`measuring device” contains a number of internal components, including principally:
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`(1) “a movement sensor which detects movement and measures associated data such as
`angle, speed, and distance,”
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`(2) “a microprocessor” connected to the movement sensor “which receives the signals
`generated by the movement sensor for analysis and subsequent processing,”
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`                                                       
`1 As the patent explicitly states, “the invention is capable of other and different embodiments,
`and its several details are capable of modifications in various obvious respects, all without
`departing from the invention.” (Id. at 17). The patent’s description of the “Preferred
`Embodiment” is thus “to be regarded as illustrative in nature, and not as restrictive.” (Id.).
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`(3) “a clock” connected to the microprocessor “which is used as an internal clock for
`coordinating the functioning of the microprocessor” and “serves as a real time clock to
`provide date and time information to the microprocessor,” and
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`(4) “memory” in which to store the “movement data” generated by the movement sensor
`and microprocessor.
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`(Id. at 7, 13).
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`19.
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`The ‘576 patent specifically describes how the movement sensor, microprocessor,
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`clock, and memory function together to detect, analyze, and record information about the
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`wearer’s movement:
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`The microprocessor constantly monitors the movement data received from the
`movement sensor. The microprocessor analyzes the movement data received
`from the sensor and, based on its internal programming, responds to the data. If a
`recordable event occurs, the microprocessor retrieves the date/time stamp from
`the clock and records the event information along with the date/time stamp in
`memory.
`
`(Id. at 14).2
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`20.
`
`The ‘576 Patent also describes different forms these basic components might take
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`in other possible embodiments of the patented device. For example, the patent notes that in the
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`Preferred Embodiment, the “movement sensor” consists of “an accelerometer which is capable
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`of detecting angels of movement in multiple planes,” but in an alternative embodiment could
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`consist of multiple single-axis accelerometers acting in concert to generate the same information.
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`(Id. at 13). Similarly, the Preferred Embodiment shows the microprocessor, clock, memory, and
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`other components housed within a single “self-contained movement measuring device” worn by
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`the user, but the patent notes that other embodiments might make use of wireless technology to
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`“allow the user to wear minimal hardware (consisting primarily of the movement sensor) on the
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`                                                       
`2 The other components shown in Figure 4 and described in the patent include a power source
`and related components, user inputs, an in/out port, and an output indicator. (Id. at 7).
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`body while transmitting the details of each physical movement to a remote microprocessor for
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`analysis and storage.” (Id. at 15).
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`DIFFERENT WAYS TO PROGRAM MR. BRANN’S INVENTION
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`21.
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`The ‘576 Patent shows how the invention’s basic components – and the data they
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`generate and record – can be adapted to a wide-variety of applications based upon the different
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`ways in which the microprocessor can be programmed to operate: “[T]he device is completely
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`user programmable,” such that “the user may program the microprocessor with an array of
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`functions for the device to perform” using the movement data collected by the accelerometer.
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`(Id. at 15). For example, a user could program the device to detect when the wearer’s motion
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`exceeds a certain angle, provide an alert to the wearer, and make a record of the event in the
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`device’s memory. In that case, the patent explains: “[O]nce a wearer of the device exceeds the
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`first defined angle limit, a notice for that limit is given to the wearer [and] [t]he microprocessor
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`also stores the specific angle limit which was exceeded along with the date/time stamp.” (Id.).
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`The recorded data can then be analyzed in any number of ways, for example to determine “the
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`number, date and time” at which the device detected a programmed “event threshold.” (Id.).3
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`22.
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`As the ‘576 Patent explains, the flexible programmability of Mr. Brann’s
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`invention makes it useful in any number of applications, such as the physical rehabilitation of
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`patients, monitoring physical labor by employees, and in sports. (Id. at 16). For example, the
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`                                                       
`3 Both the ‘576 Patent and the ‘576 Reexamination Certificate use the term “user-defined” – as in
`“user-defined events” or “user-defined operational parameters” – to refer to the device’s
`programming. (Ex. A at 14-17; Ex. B at 3). A “user-defined event” is simply an occurrence that
`the device is programmed to recognize, such as a body movement that surpasses a programmed
`angle-limit. (Ex. A at 14). Likewise, a “user-defined parameter” simply refers to a variable (such
`as the wearer’s height) that the device is programmed to incorporate into its analysis of data
`generated by the accelerometer. (Id. at 16).
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`patent specifically describes how the device could be used to monitor, analyze, and correct a
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`golfer’s swing:
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`[The device] may be worn by a golfer in order to monitor torso, waist, shoulder
`and arm movement during various drives and putts. The data collected by the
`device may then be used as a tool to aid in the analysis and improvement of the
`individual’s stroke technique.
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`23.
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`(Id. at 16-17). The patent also notes that the invention could be useful “for any
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`number of sports, including football, baseball, basketball, or tennis … due to the unique
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`programmability of the device.” (Id.).
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`THE REEXAMINATION
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`24.
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`The ‘576 Patent sets forth three independent claims – one each for the device,
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`system, and method of the invention described above – along with twenty-six dependent claims.
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`(Id. at 17-18). On March 17, 2015, following a reexamination requested by LoganTree, the PTO
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`issued a reexamination certificate for the ‘576 Patent (“the ‘576 Reexamination Certificate”)
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`reaffirming the patentability of all of the ‘576 Patent claims, as amended, and further
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`determining that an additional 156 dependent claims are patentable, for a total of 185 patented
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`claims. (Ex. B). Claims 1, 13, and 20 of the Reexamined ‘576 Patent are independent claims,
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`and the remaining 182 claims are dependent on Claims 1, 13, or 20.
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`25.
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`As stated in Claim No. 1 of ‘576 Reexamination Certificate, the patented “device”
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`consists of:
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`A portable, self-contained device for monitoring movement of body parts during
`physical activity, said device comprising:
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`a movement sensor capable of measuring data associated with unrestrained
`movement in any direction and generating signals indicative of said movement;
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`a power source;
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`a microprocessor connected to said movement sensor and to said power source,
`said microprocessor capable of receiving, interpreting, storing and responding to
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`said movement data based on user-defined operational parameters, detecting a
`first user-defined event based on the movement data and at least one of the user-
`defined operational parameters regarding the movement data, and storing first
`event information related to the selected first user-defined event along with the
`first time stamp information reflecting a time at which the movement data causing
`the first user-defined event occurred;
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`at least one user input connected to said microprocessor for controlling the
`operation of said device;
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`a real-time clock connected to said microprocessor; memory for storing said
`movement data; and
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`an output indictor connected to said microprocessor for signaling the occurrence
`of user-defined events;
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`wherein said movement sensor measures the angle and velocity of said
`movement.
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`(Id. at 3).4
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`26.
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`The primary purpose of the language added to the patented claims during
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`reexamination (italicized above) was to clarify that the patented device detects and records the
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`occurrence of user-defined events automatically, according to the user-defined parameters of the
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`device’s programming. This distinguishes the patented device from prior art that required the
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`user to take some affirmative action in order to mark and record the occurrence of an event, such
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`as pressing a button on the device. The added language thus specifies that the microprocessor is
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`“capable of … detecting a first user-defined event based on the movement data and at least one
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`of the user-defined operational parameters” and recording that event in memory along with a
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`time-stamp. (Ex. B at 3). The additional language does not change in any way the components or
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`operation of the invention as described in the ‘576 Patent: the device’s microprocessor
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`continuously monitors data generated by the motion sensor and, as programmed by the user,
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`                                                       
`4 The text in italics “indicates additions made to the patent” as a result of the reexamination. (Id.
`at 3).
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`detects the occurrence of user-defined events and records those events in the device’s memory
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`along with a time-stamp generated by the device’s real-time clock. (Ex. A at 14).
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`27.
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`Claim 13 (the “System Claim”) defines the patented “system” to comprise the
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`Claim 1 device when connected via a “download device” to “a computer running a program
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`capable of interpreting” the data gathered by the Claim 1 device.
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`28.
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`Claim 13 of the Reexamined ‘576 Patent is for: “A system to aid in training and
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`safety during physical activity, said system comprising:
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`A portable, self-contained movement measuring device, said movement
`measuring device further comprising:
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`A movement sensor capable of measuring data associated with unrestrained
`movement in any direction and generating signals indicative of said movement;
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`A power source;
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`A microprocessor connected to said movement sensor and to said power source,
`said microprocessor capable of receiving, interpreting, storing and responding to
`said movement data based on user-defined operational parameters, detecting a
`first user-defined event based on the movement data and at least one of the user-
`defined operational parameters regarding the movement data, and storing first
`event information related to the selected first user-defined event along with the
`first time stamp information reflecting a time at which the movement data causing
`the first user-defined event occurred;
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`At least one user input connected to said microprocessor for controlling the
`operation of said device;
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`A real-time clock connected to said microprocessor; memory for storing said
`movement data; and
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`At least one input/output port connected to said microprocessor for downloading
`said data and uploading said operational parameters;
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`An output indicator connected to said microprocessor;
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`A computer running program capable of interpreting and reporting said movement
`data based on said operational parameters; and
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`A download device electronically connected to said movement measuring device
`and said computer for transmitting said movement data and operational
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`parameters between said movement measuring device and said computer for
`analysis, reporting and operating purposes;
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`Wherein said movement sensor measures the angle and velocity of said
`movement.
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`29.
`
`Claim 20 (the “Method Claim”) provides a parallel definition for the patented
`
`“method.”
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`30.
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`Claim 20 is for: “A method to monitor physical movement of a body part
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`comprising the steps of:
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`Attaching a portable, self-contained movement measuring device to said body
`part for measuring unrestrained movement in any direction;
`
`Measuring data associated with said physical movement; interpreting, using a
`microprocessor included in the portable, self-contained measuring device, said
`physical movement data based on user-defined operational parameters and a real-
`time clock; [and]
`
`Storing said data in memory;
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`Detecting, using the microprocessor, a first user-defined event based on the
`movement data and at least one of the user-defined operational parameters
`regarding the movement data; and
`
`Storing, in said memory, first event information related to the detected first user-
`defined event along with first time stamp information reflecting a time at which
`the movement data causing the first user-defined event occurred.
`
`COUNT ONE: INFRINGEMENT OF THE REEXAMINED ‘576 PATENT
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`31.
`
`32.
`
`Plaintiff realleges paragraphs 1 through 30 herein.
`
`On information and belief, Garmin, directly or through intermediaries, makes,
`
`made, has made, used, imported, manufactured, provided, supplied, distributed, sold, and/or
`
`offered for sale to customers within the United States accelerometer-based activity monitoring
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`devices that infringe the Reexamined ‘576 Patent, including but not limited to the following
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`models of wearable accelerometer-based activity tracker (collectively “Accused Products”):
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`vivofit model family (vivofit 3, vivofit jr., etc.), vivosmart model family, vivoactive model
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`family, vivomove model family, Fenix model family, Forerunner model family, Epix model
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`family, Tactix model family, Quatix model family, D2 model family, Approach model family,
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`Foretrex model family, TruSwing model family, and the Swim model family.
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`33.
`
`On information and belief, the Accused Products infringe the Reexamined ‘576
`
`Patent because each of the accused products is a portable, self-contained device that uses an
`
`accelerometer to measure the angle and velocity of body movements, a user-programmable
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`microprocessor capable of recognizing and analyzing data generated by the accelerometer, and
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`internal memory and a clock for storing the data along with the time at which the detected events
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`occurred.
`
`34.
`
`On information and belief, the Accused Products infringe the Device Claim of the
`
`Reexamined ‘576 Patent, and other claims dependent on the Device Claim, in that each of the
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`Accused Products:
`
`a. Is a portable, self-contained devices for monitoring body movements
`
`during physical activity;
`
`b. Contains a movement sensor – specifically, an accelerometer – capable of
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`measuring data associated with body movements and generating signals
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`indicative of such movements, and which measures the angle and velocity
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`of such movements;
`
`c. Contains a power source – specifically, a rechargeable internal battery;
`
`d. Contains a microprocessor connected to the movement sensor and power
`
`source capable of receiving, interpreting, storing, and responding to
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`movement data generated by the accelerometer based on user-defined
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`operational parameters (e.g., a goal of 10,000 steps, the user’s height, the
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`angle or speed of the wearer’s golf swing, distance traveled, calories
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`burned, etc.);
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`e. Contains user inputs (e.g., buttons, touch screen, etc.) connected to the
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`microprocessor for controlling the device;
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`f. Contains a real-time clock and memory for storing movement data; and
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`g. Includes an output indicator (e.g., screen, LED readout, colored lights,
`
`etc.) connected to said microprocessor for signaling the occurrence of
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`user-defined events.
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`35.
`
`As reflected in the chart attached hereto as Exhibit C, the information Garmin
`
`makes public about the Accused Products further demonstrates how they infringe the Device
`
`Claim of the Reexamined ‘576 Patent. (Ex. C). While Exhibit C demonstrates the element-by-
`
`element infringement of three specific Accused Products (i.e., the “Forerunner 35,” “vivoactive
`
`HR,” and “Fenix 5” model watches), on information and belief, all of Garmin’s Accused
`
`Products incorporate equivalent body motion-tracking technology and design, and all infringe the
`
`Reexamined ‘576 Patent.
`
`36.
`
`Garmin even markets products that constitute specific applications of the patented
`
`invention foreseen in the ‘576 Patent itself. As noted, the ‘576 Patent specifically contemplates
`
`an application for the invention to help golfers improve their swing:
`
`The device also has application in the area of sports. For example, it may be worn
`by a golfer in order to monitor torso, waist, shoulder, and arm movement during
`various drives and putts. The data collected by the device may then be used as a
`tool to aid in the analysis and improvement of the individual’s stroke technique.
`
`
`Garmin now manufactures and markets exactly such a product using the patented accelerometer-
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`based technology, the TruSwing device, which Garmin’s website describes as follows:
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`For golfers who want to improve their shot-making consistency, the easy-to-use
`TruSwing sensor provides the accurate metrics needed to identify and correct any
`faulty swing mechanics.
`
`37.
`
`On information and belief, each of the Accused Products is designed to be and is
`
`cable of being connected to an external computer (such as a laptop or smart phone) and/or
`
`computer network operating software capable of accessing and downloading stored data from the
`
`Accused Products, analyzing that data, and presenting the data to the user in different forms.
`
`When so connected, each of the Accused Products infringes the System Claim in of the
`
`Reexamined ‘576 Patent, and other claims dependent on the System Claim, in that the Accused
`
`product so connected:
`
`a. Is a system to aid in training and safety during physical activity;
`
`b. Contains a portable, self-contained movement measuring device of the
`
`kind described in Paragraph 25, supra (e.g., the Accused Product itself);
`
`c. Contains a computer (e.g., a personal computer or smart phone) running a
`
`program capable of interpreting and reporting movement data collected by
`
`the device;
`
`d. Contains a download device (e.g., cord, USB dongle, Bluetooth
`
`transmitter, etc.) electronically connected to the movement measuring
`
`device and the computer for transmitting data between the movement
`
`device and the computer for analysis.
`
`38.
`
`On information and belief, when used as intended and instructed by Garmin, each
`
`of the Accused Products infringes the Method Claim of the Reexamined ‘576 Patent, and other
`
`claims dependent on the Method Claim, in that the Accused Product, so used:
`
`a. Is a method to monitor physical movement of a body part comprising the
`
`steps of:
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`Case 6:17-cv-01217-EFM-KGS Document 1 Filed 08/23/17 Page 15 of 17
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`b. Attaching a portable, self-contained movement measuring device (e.g., the
`
`Accused Product itself) to said body part;
`
`c. Measuring data associated with physical movement of the body part (using
`
`the accelerometer described above);
`
`d. Interpreting said data using a microprocessor contained in the movement
`
`measuring device based on user-defined parameters and a real-time clock;
`
`e. Storing said data in memory;
`
`f. Detecting, using the microprocessor, a first user-defined event based on
`
`the movement data and at least one of the user-defined operational
`
`parameters regarding the movement data; and
`
`g. Storing, in said memory, first event information related to the detected
`
`first user-defined event along with first time stamp information reflecting
`
`a time at which the movement data causing the first user-defined event
`
`occurred.
`
`39.
`
`The infringing actions of Garmin are and have at all times been without the
`
`consent of, authority of, or license from Plaintiff.
`
`40.
`
`As a direct and proximate result of the infringement of the Reexamined ‘576
`
`Patent by Garmin, Plaintiff has suffered damages in an amount that cannot yet be fully
`
`ascertained, which will be proven at trial.
`
`41.
`
`Garmin’s infringement of Logantree’s exclusive rights under the Reexamined
`
`‘576 Patent will continue to damage LoganTree, causing irreparable harm for which there is no
`
`adequate remedy at law. Unless enjoined by this Court, Garmin will continue to infringe the
`
`Reexamined ‘576 Patent.
`
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`Case 6:17-cv-01217-EFM-KGS Document 1 Filed 08/23/17 Page 16 of 17
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`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiff LoganTree requests that the Court grant the following relief:
`
`a)
`
`enter judgment that Defendants infringe and have directly infringed the
`
`Reexamined ‘576 Patent under 35 U.S.C. § 271(a);
`
`b)
`
`order Defendants to pay damages adequate to compensate Plaintiff for
`
`Defendants’ infringement of the Reexamined ‘576 Patent pursuant to 35 U.S.C. §
`
`284, together with pre-judgment and post-judgment interests, in an amount
`
`according to proof;
`
`c)
`
`enter a permanent injunction enjoining Defendants and their officers, agents,
`
`servants, employees, and attorneys, and all other persons and entities acting in
`
`concert or participation with them, from infringing the Reexamined ‘576 Patent.
`
`d)
`
`in the event a permanent injunction is not granted, determine the conditions for
`
`future infringement or grant such other relief as the Court deems appropriate;
`
`e)
`
`enter judgment that this case is exceptional under 35 U.S.C. § 285 and award
`
`Plaintiffs reasonable attorneys’ fees and costs incurred in this action; and
`
`f)
`
`award such other and further relief, at law or in equity, as the Court deems just
`
`and proper.
`
`DEMAND FOR JURY TRIAL
`
`Plaintiff respectfully requests a trial by jury on all issues so triable, pursuant to Fed. R.
`
`Civ. P. 38.
`
`DESIGNATION OF TRIAL
`
`Plaintiff respectfully requests, pursuant to D. Kan. R. 40.2, that the trial be held in
`
`Wichita, Kansas.
`
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`Case 6:17-cv-01217-EFM-KGS Document 1 Filed 08/23/17 Page 17 of 17
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`DATED: August 23, 2017
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`Respectfully submitted by:
`
`FOULSTON SIEFKIN LLP
`
`By: /s/ Toby Crouse
` Toby Crouse, #20030
`
`32 Corporate Woods, Suite 600
`9225 Indian Creek Parkway
`Overland Park, KS 66210-2000
`(913) 498-2100
`(913) 498-2101 FAX
`Email: tcrouse@foulston.com
`
`and
`
`Arnold Shokouhi, TX # 24056315 
`James E. Sherry, TX # 24086340
`(Pro Hac Vice applications forthcoming)
`McCathern, PLLC
`3710 Rawlins Street, Suite 1600
`Dallas, TX 75219
`(214) 443-4478
`(214) 741-4717 FAX
`Email: arnolds@mccathernlaw.com
`Email: jsherry@mccathernlaw.com
`
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