Case 1:23-cv-11599-LTS Document 1 Filed 07/17/23 Page 1 of 32
`
`
`
` IN THE UNITED STATES DISTRICT COURT FOR
`THE DISTRICT OF MASSACHUSETTS
`
`________________________________________
`
`)
`SHERRYWEAR, LLC,
`)
`
`)
` Plaintiff,
`) Case No. 1:23-cv-11599
`
`)
` v.
`) Jury Trial Demanded
`
`)
`NIKE, INC.,
`)
`
`)
` Defendant.
`)
`
`)
`________________________________________)
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`Plaintiff, SherryWear, LLC (“SherryWear”), through its undersigned counsel, hereby
`
`brings the following allegations, and asserts the following claims against the above-named
`
`Defendant, NIKE, Inc. (“NIKE”), to enforce its patents and obtain monetary and injunctive relief
`
`and recover its reasonable attorneys’ fees and costs:
`
`NATURE OF THE ACTION
`
`1.
`
`This is an action for willful direct and indirect infringement of SherryWear’s U.S.
`
`Patent Nos. 9,295,288 (“the ‘288 Patent”); 9,723,878 (“the ‘878 Patent”); 9,808,036 (“the ‘036
`
`Patent”); 9,289,016 (“the ‘016 Patent”); 10,244,800 (“the ‘800 Patent”); 10,219,550 (“the ‘550
`
`Patent”); 10,219,551 (“the ‘551 Patent”); and 10,869,510 (“the ‘510 Patent”) (collectively, the
`
`“Pocket Bra Patents”), in violation of the Patent Act, 35 U.S.C. § 271, based on NIKE’s
`
`unauthorized commercial making, use, offer for sale, sale, and importation of its products titled
`
`“Swoosh On The Run,” “Swoosh Bra,” “Swoosh Pocket Bra,” and variations of those products
`
`(collectively, the “Infringing Products”) in the United States.
`
`
`
`1
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`

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`Case 1:23-cv-11599-LTS Document 1 Filed 07/17/23 Page 2 of 32
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`2.
`
`SherryWear seeks injunctive relief to prevent NIKE from continuing to infringe the
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`Pocket Bra Patents. In addition, SherryWear seeks monetary damages resulting from NIKE’s past
`
`and ongoing infringement of the Pocket Bra Patents.
`
`THE PARTIES
`
`3.
`
`SherryWear, LLC is a Florida limited liability company with its principal place of
`
`business at 1786 Cypress Lane, Vero Beach, Florida 32963.
`
`4.
`
`NIKE, Inc. is an Oregon corporation with its principal place of business at One
`
`Bowerman Drive, Beaverton, Oregon 97005.
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`JURISDICTION AND VENUE
`
`5.
`
` This is an action for patent infringement arising under the patent laws of the United
`
`States. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. §§ 1331
`
`and 1338(a).
`
`6.
`
`This Court has personal jurisdiction over NIKE because NIKE regularly solicits
`
`and conducts business in Massachusetts through its operation of eight NIKE retail stores in the
`
`state. This Court also has personal jurisdiction over NIKE because NIKE has committed and
`
`continues to commit acts of infringement in Massachusetts, including but not limited to using,
`
`offering to sell, and selling the Infringing Products in Massachusetts, and importing the Infringing
`
`Products into Massachusetts.
`
`7.
`
`Venue lies in this district pursuant to 28 U.S.C. § 1400(b) because NIKE has
`
`committed acts of infringement within this district and has at least one regular and established
`
`place of business within this district.
`
`
`
`
`
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`
`2
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`Case 1:23-cv-11599-LTS Document 1 Filed 07/17/23 Page 3 of 32
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`POCKET BRA PATENTS
`
`8.
`
`On March 29, 2016, the United States Patent and Trademark Office (“USPTO”)
`
`duly and legally issued U.S. Patent No. 9,295,288 (“the ‘288 Patent”), entitled “Pocket Bra
`
`System.” A true and accurate copy of the ‘288 Patent is attached hereto as Exhibit 1.
`
`9.
`
`On March 22, 2016, the USPTO duly and legally issued U.S. Patent No. 9,289,016
`
`(“the ‘016 Patent”), entitled “Pocket Bra System.” A true and accurate copy of the ‘016 Patent is
`
`attached hereto as Exhibit 2.
`
`10.
`
`On August 8, 2017, the USPTO duly and legally issued U.S. Patent No. 9,723,878
`
`(“the ‘878 Patent”), entitled “Pocket Bra System.” A true and accurate copy of the ‘878 Patent is
`
`attached hereto as Exhibit 3.
`
`11.
`
`On November 7, 2017, the USPTO duly and legally issued U.S. Patent No.
`
`9,808,036 (“the ‘036 Patent”), entitled “Pocket Bra System.” A true and accurate copy of the ‘036
`
`Patent is attached hereto as Exhibit 4.
`
`12.
`
`On April 2, 2019, the USPTO duly and legally issued U.S. Patent No. 10,244,800
`
`(“the ‘800 Patent”), entitled “Bra Pocket System.” A true and accurate copy of the ‘800 Patent is
`
`attached hereto as Exhibit 5.
`
`13.
`
`On March 5, 2019, the USPTO duly and legally issued U.S. Patent No. 10,219,550
`
`(“the ‘550 Patent”), entitled “Pocket Bra System.” A true and accurate copy of the ‘550 Patent is
`
`attached hereto as Exhibit 6.
`
`14.
`
`On March 5, 2019, the USPTO duly and legally issued U.S. Patent No. 10,219,551
`
`(“the ‘551 Patent”), entitled “Bra Pocket System.” A true and accurate copy of the ‘551 Patent is
`
`attached hereto as Exhibit 7.
`
`
`
`3
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`

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`Case 1:23-cv-11599-LTS Document 1 Filed 07/17/23 Page 4 of 32
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`15.
`
`On December 22, 2020, the USPTO duly and legally issued U.S. Patent No.
`
`10,869,510 (“the ‘510 Patent”), entitled “Bra Pocket System.” A true and accurate copy of the
`
`‘510 Patent is attached hereto as Exhibit 8.
`
`16.
`
`SherryWear is the lawful assignee and exclusive owner of all rights, title, and
`
`interest in and to the Pocket Bra Patents, including rights to sue for acts of past, present, and future
`
`infringement.
`
`BACKGROUND
`
`17.
`
`A graduate of Babson College’s renowned entrepreneurial program, Sherry Goff
`
`founded SherryWear to empower women “one Pocket Bra at a time.”1
`
`18.
`
`The Pocket Bra allows women to keep their “most precious possessions close,
`
`convenient, and safe in a comfortable [and] fashionable manner.”2
`
`19.
`
`The Pocket Bra is a bra comprising built-in pockets that is designed, developed,
`
`marketed, and sold by SherryWear.
`
`20.
`
`To protect the intellectual property covering the Pocket Bra, SherryWear spent
`
`considerable time and money developing the Pocket Bra Patents. SherryWear filed its first patent
`
`application on April 26, 2011. By early 2015, SherryWear had filed a total of four patent
`
`applications, two of which were issued.
`
`21.
`
`On June 18, 2015, Ms. Goff submitted SherryWear’s then-issued and pending
`
`patents, and photographs of a SherryWear pocket bra, to NIKE via “NIKE Idea Submission,” an
`
`
`
`1 PocketBra® Mission & Vision, POCKETBRA.COM, https://pocketbra.com/pages/mission (last visited July 13, 2023).
`2 Id.
`
`4
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`

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`Case 1:23-cv-11599-LTS Document 1 Filed 07/17/23 Page 5 of 32
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`online idea submission platform operated by NIKE. A copy of the June 18, 2015 NIKE Idea
`
`Submission is attached hereto as Exhibit 9.
`
`22.
`
`The images below portray the photographs that SherryWear submitted to NIKE:
`
`Pocket Bra
`
`
`
`
`23.
`
`Submission.
`
`
`
`
`
`
`
`On information and belief, NIKE did not respond to SherryWear’s 2015 Idea
`
`24.
`
`In January 2017, Ms. Goff again tried to pitch her idea to NIKE. Ms. Goff contacted
`
`several high-ranking employees at NIKE via LinkedIn messenger including Evan Reynolds, then-
`
`Head of Marketplace Strategic Investments; Rick Boyd, then-Patent Footwear specialist; Nathan
`
`Plowman, then-Senior Director at NIKE; and Hillary Krane, then-General Counsel for NIKE. A
`
`copy of the correspondence is attached hereto as Exhibits 10 & 11.
`
`25.
`
`On February 7, 2017, Ms. Krane forwarded Ms. Goff’s communications to Paul
`
`Saraceni, then-VP of Global IP Transactions & Licensing at NIKE. See Exhibit 11.
`
`26.
`
`Also, on February 7, 2017, Mr. Saraceni asked Ms. Goff to send a “non-confidential
`
`list of IP assets that [SherryWear] had begun to market for sale.” Id.
`
`27.
`
`Upon Mr. Saraceni’s request, Ms. Goff promptly sent Mr. Saraceni a list of
`
`SherryWear’s then-issued and pending patents.
`
`
`
`5
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`Case 1:23-cv-11599-LTS Document 1 Filed 07/17/23 Page 6 of 32
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`28.
`
`Between February and March of 2017, Mr. Saraceni and Ms. Goff communicated
`
`again by email regarding the licensing or purchasing of SherryWear’s intellectual property. A copy
`
`of the February and March 2017 correspondence is attached hereto as Exhibit 12.
`
`29.
`
`On March 24, 2017, Mr. Saraceni emailed Ms. Goff stating, “[w]e will respectfully
`
`pass on the opportunity.” See Exhibit 12.
`
`30.
`
`On May 17, 2017, only fifty-five days after Mr. Saraceni emailed Ms. Goff that
`
`NIKE would “pass on the opportunity,” NIKE filed U.S. patent application 15/597,364, entitled
`
`“Bra With Storage Pockets.” A copy of the U.S. patent application 15/597,364 is attached hereto
`
`as Exhibit 13.
`
`31.
`
`On September 22, 2017, Ms. Goff again submitted SherryWear’s Pocket Bra idea
`
`and patents to NIKE via NIKE Idea Submission. A copy of the September 22, 2017 Submission is
`
`attached hereto as Exhibit 14.
`
`32.
`
`On September 28, 2017, six days after Ms. Goff submitted SherryWear’s second
`
`NIKE Idea Submission, NIKE filed U.S. patent application 15/718,171, entitled “Bra With Storage
`
`Pockets.” A copy of U.S. patent application 15/718,171 is attached hereto as Exhibit 15.
`
`33.
`
`On October 20, 2017, Barrett Inman of NIKE’s legal department responded to
`
`SherryWear’s second NIKE Idea Submission stating, “[t]here is no interest in pursuing your
`
`submission.” A copy of Mr. Inman’s October 20, 2017 response is attached hereto as Exhibit 16.
`
`34. While NIKE claims to have had no interest in SherryWear’s products, in September
`
`2017, NIKE hired clothing designer, Nicole Rendone, to develop women’s pocket bras. Ms.
`
`Rendone is identified on NIKE’s filings and is listed as the purported inventor on patent
`
`applications, 15/597,364 and 15/718,171.
`
`
`
`6
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`Case 1:23-cv-11599-LTS Document 1 Filed 07/17/23 Page 7 of 32
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`35.
`
`On information and belief, Ms. Rendone held the following titles at NIKE: “Design
`
`Director Nike Women[’]s Design and Innovation – Bras” and “Senior Creative Director Global
`
`Design and Innovation Women[’]s – Bras.”
`
`36.
`
`At least as early as January of 2019, NIKE began making, using, offering to sell,
`
`selling, and importing products that infringe certain claims of the Pocket Bra Patents.
`
`37.
`
`In January 2019, in response to NIKE selling at least some of the Infringing
`
`Products, Ms. Goff emailed Mr. Saraceni once more and stated, “Hi Paul, We have spoken in the
`
`past, and I do now see at least one product of yours that is infringing on my side panel patent but
`
`also my newest back pocket patent that I have a notice of allowance on.” A copy of the January
`
`correspondence is attached hereto as Exhibit 17.
`
`38.
`
`On or about January 19, 2021, SherryWear, through counsel, sent a letter to NIKE
`
`informing NIKE that certain NIKE products were infringing certain claims of the Pocket Bra
`
`Patents. NIKE did not respond to the January 19, 2021 letter. A copy of the January 19, 2021 letter
`
`is attached hereto as Exhibit 18.
`
`39.
`
`On or about July 7, 2021, SherryWear, through counsel, sent another letter to NIKE
`
`informing NIKE that certain NIKE products were infringing certain claims of the Pocket Bra
`
`Patents. NIKE did not respond. A copy of the July 7, 2021 letter is attached hereto as Exhibit 19.
`
`40.
`
`On or about June 26, 2023, NIKE received a third letter, through the undersigned
`
`counsel, that the Infringing Products were infringing certain claims of the Pocket Bra Patents.
`
`Counsel advised NIKE that SherryWear would take further steps to protect its intellectual property
`
`rights against NIKE if NIKE failed to respond to the letter by July 10, 2023. NIKE did not provide
`
`a substantive response addressing the points in the June 26 letter. A copy of the June 26, 2023,
`
`letter is attached hereto as Exhibit 20.
`
`7
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`Case 1:23-cv-11599-LTS Document 1 Filed 07/17/23 Page 8 of 32
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`41.
`
`NIKE was informed by SherryWear of SherryWear’s patents prior to filing its own
`
`pocket bra patent application 15/597,364, and used its “Idea Submission” platform to better assess
`
`SherryWear’s products.
`
`42.
`
`NIKE has and continues to infringe certain claims of the Pocket Bra Patents.
`
`NIKE’S “SWOOSH ON THE RUN” POCKET BRA INFRINGES
`CERTAIN POCKET BRA PATENTS
`
`43.
`
`NIKE makes, uses, offers for sale, sells, and imports a sports bra with pockets titled,
`
`“Swoosh On The Run.”
`
`44.
`
`45.
`
`On information and belief, NIKE introduced the Swoosh On The Run in 2022.
`
`The Swoosh On The Run has one back pocket and two front pockets. The below
`
`photos portray the Swoosh On The Run:
`
`Swoosh On The Run
`
`
`
`
`
`
`
`
`
`
`
`
`46.
`
`The Swoosh On The Run infringes certain claims of the ‘036, ‘288, ‘510, ‘550, and
`
`‘800 Patents as evidenced by the attached charts. A copy of the Claim Charts demonstrating
`
`evidence of use by the Swoosh On The Run are attached hereto as Exhibits 21-25.
`
`
`
`
`
`
`
`8
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`

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`Case 1:23-cv-11599-LTS Document 1 Filed 07/17/23 Page 9 of 32
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`Swoosh On The Run
`
`Pocket Bra Patents
`
`
`
`
`FIG. 13 of the ‘800 and ‘510 Patents
`
`
`
`Swoosh On The Run
`
`
`FIG. 9 of the ‘288, ‘036, and ‘550
`Patents
`
`
`
`
`
`
`
`
`
`
`
`
`47.
`
`The Swoosh On The Run is labeled, “Made in Vietnam;” on information and belief,
`
`NIKE imports the Swoosh On the Run into the United States to offer for sale and sell.
`
`48.
`
`On multiple occasions SherryWear made NIKE aware that NIKE’s making, using,
`
`offering for sale, selling, and importing a bra with the characteristics of the Swoosh On The Run
`
`would infringe the Pocket Bra Patents.
`
`
`
`9
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`

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`Case 1:23-cv-11599-LTS Document 1 Filed 07/17/23 Page 10 of 32
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`49.
`
`NIKE directly sells
`
`the Swoosh On The Run on
`
`its website at
`
`https://www.nike.com/t/swoosh-on-the-run-womens-medium-support-lightly-lined-sports-bra-
`
`with-pockets-qQtjGS/DV9914-010, a copy of which is attached hereto as Exhibit 26. On
`
`information and belief, NIKE also sells the Swoosh On The Run at its retail stores in
`
`Massachusetts.
`
`50.
`
`NIKE has and continues to actively induce others to directly infringe the ‘036, ‘288,
`
`‘510, ‘550, and ‘800 Patents.
`
`51.
`
`Third parties, including DICK’S Sporting Goods, for instance, have and continue
`
`to offer for sale and sell the Swoosh On The Run, directly infringing claims ‘036, ‘288, ‘510, ‘550,
`
`and ‘800.3 A copy of DICK’S Sporting Goods’ website is attached hereto as Exhibit 27.
`
`52.
`
`NIKE’s marketing materials state that the Swoosh On The Run’s “3 mesh-lined
`
`pockets hold your phone, a snack or an extra layer so you can explore without limits.” NIKE’s
`
`marketing materials also contain pictures demonstrating a phone inserted into the Swoosh On The
`
`Run’s back pocket. See Exhibit 26.
`
`53.
`
`NIKE has never had authority to use, offer, sell, or import any product or assembly
`
`covered by the Pocket Bra Patents or actively induce others to do so.
`
`54.
`
`By continuing to engage in commercial activities described above, NIKE is
`
`knowingly, deliberately, and intentionally infringing the Pocket Bra Patents.
`
`
`
`
`
`
`
`3 Nike Women’s Swoosh On The Run Sports Bra, DICKSSPORTINGGOODS.COM,
`https://www.dickssportinggoods.com/p/nike-womens-swoosh-on-the-run-sports-bra-
`22nikwswshnthrnbrapu/22nikwswshnthrnbrapu (last visited July 13, 2023).
`10
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`

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`Case 1:23-cv-11599-LTS Document 1 Filed 07/17/23 Page 11 of 32
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`NIKE’S “SWOOSH POCKET BRA” (AND VARIATIONS THEREOF) INFRINGES
`CERTAIN POCKET BRA PATENTS
`
`55.
`
`NIKE makes, uses, offers for sale, sells, and imports a sports bra with pockets, titled
`
`“Swoosh Pocket Bra.”
`
`56.
`
`On information and belief, NIKE also markets the Swoosh Pocket Bra under the
`
`name “Icon Clash” including on the Backcountry.com’s website, a retailer of athletic and outdoor
`
`apparel and equipment.4 A copy of the website is attached hereto as Exhibit 28.
`
`57.
`
`58.
`
`On information and belief, NIKE introduced the Swoosh Pocket Bra in 2019.
`
`The Swoosh Pocket Bra has one back pocket, two side pockets, and a front pocket
`
`intermediate to the bra’s two cups. The below photos portray the Swoosh Pocket Bra:
`
`Swoosh Pocket Bra
`
`
`
`
`
`
`
`
`
`
`59.
`
`The Swoosh Pocket Bra infringes certain claims of the ‘016, ‘510, ‘551, ‘878, and
`
`‘800 Patents as evidenced by the attached charts. A copy of the Claim Charts demonstrating
`
`evidence of use by the Swoosh Pocket Bra are attached hereto as Exhibits 29-33.
`
`
`
`
`
`4 Swoosh Icon Clash Pocket Bra, BACKCOUNTRY.COM, https://www.backcountry.com/nike-swoosh-icon-clash-
`pocket-bra-womens (last visited July 13, 2023).
`
`11
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`

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`Case 1:23-cv-11599-LTS Document 1 Filed 07/17/23 Page 12 of 32
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`Swoosh Pocket Bra
`
`Swoosh Pocket Bra
`
`Pocket Bra Patents
`
`FIG. 13 of the ‘800 and ‘510 Patents
`
`
`
`
`
`
`
`Swoosh Pocket Bra
`
`
`
`FIG. 11 of the ‘016, ‘551, and ‘878
`Patents
`
`
`
`
`
`
`
`60.
`
`The Swoosh Pocket Bra is labeled, “Made in Vietnam;” on information and belief,
`
`NIKE has imported the Swoosh Pocket Bra into the United States to offer for sale and sell.
`
`61.
`
`On multiple occasions SherryWear made NIKE aware that NIKE’s making, using,
`
`offering for sale, selling, and importing a bra with the characteristics of the Swoosh Pocket Bra
`
`would infringe the Pocket Bra Patents.
`
`12
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`Case 1:23-cv-11599-LTS Document 1 Filed 07/17/23 Page 13 of 32
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`62.
`
`On information and belief, NIKE no longer sells the Swoosh Pocket Bra; however,
`
`prior to ceasing sales, NIKE sold the Swoosh Pocket Bra on its website. On information and belief,
`
`NIKE also sold the Swoosh Pocket Bra at its retail stores in Massachusetts.
`
`63.
`
`On information and belief, NIKE induced others to directly infringe the ‘016, ‘510,
`
`‘551, ‘878, and ‘800 Patents before NIKE ceased selling the Swoosh Pocket Bra.
`
`64.
`
`Third parties have and continue to use, offer for sale and sell the Swoosh Pocket
`
`Bra, directly infringing claims ‘036, ‘288, ‘510, ‘550, and ‘800, including, for instance,
`
`Backcountry.com. A copy of the Backcountry.com website is attached hereto as Exhibit 28.
`
`65.
`
`NIKE has never had authority to use, offer for sale, sell, or import any product or
`
`assembly covered by the Pocket Bra Patents or actively induce others to do so.
`
`66.
`
`By continuing to engage in commercial activities described in this Complaint,
`
`NIKE is knowingly, deliberately, and intentionally infringing the Pocket Bra Patents.
`
`NIKE’S “SWOOSH BRA” (AND VARIATIONS THEREOF) INFRINGES
`CERTAIN POCKET BRA PATENTS
`
`67.
`
`NIKE makes, uses, offers for sale, sells, and imports a sports bra with pockets, titled
`
`“Swoosh Bra.”
`
`68.
`
`69.
`
`On information and belief, NIKE introduced the Swoosh Bra in 2019.
`
`The Swoosh Bra has one back pocket, two side pockets, and a front pocket
`
`intermediate to the bra’s two cups. The below photos portray the Swoosh Bra:
`
`
`
`
`
`
`
`
`
`
`
`13
`
`

`

`Case 1:23-cv-11599-LTS Document 1 Filed 07/17/23 Page 14 of 32
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`Swoosh Bra
`
`
`
`
`
`
`
`
`
`
`
`The Swoosh Bra infringes certain claims of the ‘016, ‘510, ‘551, ‘878, and ‘800
`
`
`70.
`
`Patents as evidenced by the attached charts. A copy of the Claim Charts demonstrating evidence
`
`of use by the Swoosh Bra are attached hereto as Exhibits 34-38.
`
`Swoosh Bra
`
`Swoosh Bra
`
`Pocket Bra Patents
`
`FIG. 13 of the ‘800 and ‘510 Patents
`
`
`
`
`
`
`
`
`
`14
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`

`

`Case 1:23-cv-11599-LTS Document 1 Filed 07/17/23 Page 15 of 32
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`Swoosh Bra
`
`FIG. 11 of the ‘016, ‘551, and ‘878
`Patents
`
`
`
`
`
`
`
`
`71.
`
`The Swoosh Bra is labeled, “Made in Sri Lanka;” on information and belief, NIKE
`
`has imported the Swoosh Bra into the United States to offer for sale and sell.
`
`72.
`
`On multiple occasions SherryWear made NIKE aware that NIKE’s making, using,
`
`offering for sale, selling, and importing a bra with the characteristics of the Swoosh Bra would
`
`infringe the Pocket Bra Patents.
`
`73.
`
`On information and belief, NIKE no longer sells the Swoosh Bra; however, prior
`
`to ceasing sales, NIKE sold the Swoosh Bra on its website and in its retail stores in Massachusetts.
`
`74.
`
`Third parties have and continue to use, offer for sale, and sell the Swoosh Pocket
`
`Bra, directly infringing claims ‘036, ‘288, ‘510, ‘550, and ‘800, including, for instance, Poshmark,
`
`a social commerce marketplace.5 A copy of the Poshmark website is attached hereto as Exhibit
`
`39.
`
`75.
`
`On information and belief, NIKE’s marketing materials induced others to directly
`
`infringe the ‘016, ‘510, ‘551, ‘878, and ‘800 Patents before NIKE ceased selling the Swoosh Bra.
`
`
`
`5 NIKE Women’s Pocket Medium Support Bra, POSHMARK.COM, https://poshmark.com/listing/NIKE-Womens-
`Pocket-Medium-Support-Bra-5fadd8dd93649ffa40903769 (last visited July 13, 2023).
`15
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`Case 1:23-cv-11599-LTS Document 1 Filed 07/17/23 Page 16 of 32
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`76.
`
`NIKE has never had authority to use, offer, sell, or import any product or assembly
`
`covered by the Pocket Bra Patents or actively induce others to do so.
`
`77.
`
`By continuing to engage in commercial activities described in this Complaint,
`
`NIKE is knowingly, deliberately, and intentionally infringing the Pocket Bra Patents.
`
`COUNT I
`Direct and Indirect Patent Infringement of the ‘550 Patent, 35 U.S.C. § 271
`
`78.
`
`79.
`
`SherryWear hereby incorporates the above paragraphs as if fully restated herein.
`
`SherryWear is the lawful owner of and maintains all rights, title, and interest in and
`
`to the ‘550 Patent, including the right to sue thereon and the right to recover for infringement
`
`thereof.
`
`80.
`
`81.
`
`The ‘550 Patent is generally directed to a pocket bra with front pockets.
`
`NIKE directly and indirectly infringes at least claims 8, 9, 11, 12, 13, and 14 of the
`
`‘550 Patent. See Exhibit 24.
`
`82.
`
`The Swoosh On the Run satisfies each and every limitation of claim 8 because it is
`
`a pocket bra comprising: a strap assembly with a chest strap; left and right cups, each cup being
`
`an area to receive a breast of a wearer and having inside and outside surfaces, the strap assembly
`
`being attached to the cups whereby the strap assembly connects the cups to the wearer, each cup
`
`having upper, lower, interior body facing, and opposite exterior edges; a patch forming a pocket
`
`operatively associated with at least one of the left and right cups, the patch having an upper edge,
`
`a lower edge, and an exterior edge, the patch having inside and outside surfaces; the lower edge of
`
`the patch coupled to the bra adjacent to a lower edge of the at least one of the left and right cups,
`
`and the exterior edge of the patch coupled adjacent to the exterior edge of the at least one of the
`
`left and right cups, a pocket opening formed along the upper edge of the patch being unconnected
`
`
`
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`Case 1:23-cv-11599-LTS Document 1 Filed 07/17/23 Page 17 of 32
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`to the at least one of the left and right cups; the pocket opening capable of repeated receiving and
`
`removal of an item when being worn by the wearer; and wherein the upper edge of the patch
`
`crosses over a surface of the cup to form the opening, the upper edge crossing such that the opening
`
`faces the interior edge of the at least one of the left and right cup to which it is attached.
`
`83.
`
`Inserting an item (e.g., a mobile phone or air pods) into the Swoosh On The Run’s
`
`front pocket(s) satisfies each element of Claim 10 of the ‘550 Patent.
`
`84.
`
`NIKE’s infringement has been willful, intentional, and deliberate. NIKE knows, or
`
`should have known, that making, using, offering to sell, selling, and importing the Swoosh On The
`
`Run would infringe the ‘550 Patent. Nevertheless, NIKE infringed and continues to infringe the
`
`‘550 Patent.
`
`85.
`
`NIKE has, and continues to, willfully, intentionally, and deliberately induce others
`
`to offer to sell, sell and/or use the Swoosh On The Run.
`
`86.
`
`As the direct and proximate result of NIKE’s conduct, SherryWear has suffered—
`
`and will continue to suffer—economic harm, irreparable injury, and damages in an amount to be
`
`proven at trial. SherryWear seeks permanent injunctive relief in addition to damages.
`
`87.
`
`SherryWear is also entitled to enhanced damages and reasonable attorneys’ fees
`
`adequate to compensate for NIKE’s willful infringement and other conduct.
`
`COUNT II
`Direct and Indirect Patent Infringement of the ‘036 Patent, 35 U.S.C. § 271
`
`88.
`
`SherryWear hereby incorporates all of the above paragraphs as if fully restated
`
`herein.
`
`
`
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`Case 1:23-cv-11599-LTS Document 1 Filed 07/17/23 Page 18 of 32
`
`89.
`
`SherryWear is the lawful owner of and maintains all rights, title, and interest in and
`
`to the ‘036 Patent, including the right to sue thereon and the right to recover for infringement
`
`thereof.
`
`90.
`
`91.
`
`The ‘036 Patent is generally directed to a pocket bra with front pockets.
`
`NIKE directly and indirectly infringes at least claims 1, 2, 5, 6, 7, 9, 10, and 18 of
`
`the ‘036 Patent. See Exhibit 21.
`
`92.
`
`The Swoosh On the Run satisfies each and every limitation of claim 1 because it is
`
`a pocket bra comprising: a strap assembly comprising a chest strap; and comprising left and right
`
`cups, each cup being an area to receive a breast of a wearer and having inside and outside surfaces,
`
`the strap assembly being attached to the cups whereby the strap assembly connects the cups to the
`
`wearer, each cup having upper, lower, interior body facing, and opposite exterior edges; a patch
`
`forming a pocket operatively associated with at least one of the left and right cups, the patch having
`
`an upper edge, a lower interior body facing edge, and an opposite lower exterior edge, the patch
`
`having inside and outside surfaces; stitching coupling the lower interior body facing edge, and the
`
`opposite lower exterior edge of the patch to at least one of the lower, interior body facing, and
`
`opposite exterior edges of the at least one of the left and right cups, or the chest strap; an opening
`
`formed along the upper edge of the patch; the opening capable of repeated receiving and removal
`
`of an item when being worn by the wearer; and wherein the upper edge of the patch crosses over
`
`a surface of the cup to form the opening, the upper edge of the patch being offset from an upper
`
`edge of the cup.
`
`93.
`
`Inserting an item (e.g., a mobile phone or air pods) into the Swoosh On The Run’s
`
`front pocket(s) satisfies each element of claims 3 and 8 of the ‘036 Patent. On information and
`
`belief, NIKE has inserted an item into the Swoosh On The Run’s front pocket(s).
`18
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`Case 1:23-cv-11599-LTS Document 1 Filed 07/17/23 Page 19 of 32
`
`94.
`
`NIKE’s infringement has been willful, intentional, and deliberate. NIKE knows, or
`
`should have known, that making, using, offering to sell, selling and importing the Swoosh On The
`
`Run infringes the ‘036 Patent. Nevertheless, NIKE infringed and continues to infringe the ‘036
`
`Patent.
`
`95.
`
`NIKE has, and continues to, willfully, intentionally, and deliberately induce others
`
`to offer to sell, sell and/or use the Swoosh On The Run.
`
`96.
`
`As the direct and proximate result of NIKE’s conduct, SherryWear has suffered—
`
`and will continue to suffer—economic harm, irreparable injury, and damages in an amount to be
`
`proven at trial. SherryWear seeks permanent injunctive relief in addition to damages.
`
`97.
`
`SherryWear is also entitled to enhanced damages and reasonable attorneys’ fees
`
`adequate to compensate for NIKE’s willful infringement and other conduct.
`
`COUNT III
`Direct and Indirect Patent Infringement of the ‘288 Patent, 35 U.S.C. § 271
`
`98.
`
`SherryWear hereby incorporates all of the above paragraphs as if fully restated
`
`herein.
`
`99.
`
`SherryWear is the lawful owner of and maintains all rights, title, and interest in and
`
`to the ‘288 Patent, including the right to sue thereon and the right to recover for infringement
`
`thereof.
`
`100.
`
`101.
`
`The ‘288 Patent is generally directed to a pocket bra with front pockets.
`
`Inserting a handheld electronic device into the front pocket(s) of the Swoosh On
`
`The Run satisfies each element of at least claims 1, 2, 3, and 11 of the ‘288 Patent. See Exhibit
`
`22.
`
`
`
`19
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`Case 1:23-cv-11599-LTS Document 1 Filed 07/17/23 Page 20 of 32
`
`102. On information and belief, Nike inserts an item into the Swoosh On The Run’s front
`
`pocket(s), directly infringing claims 1, 2, 3, and 11 of the ‘288 Patent.
`
`103.
`
`The Swoosh On The Run is a bra pocket system combination comprising; a strap
`
`assembly including a chest strap and shoulder straps; left and right cups, each cup having inside
`
`and outside surfaces, the strap assembly being attached to the cups whereby the strap assembly
`
`adheres the cups to a wearer, each cup having curved upper, lower, interior body facing and
`
`opposite exterior edges; a patch forming a pocket operatively associated with each cup, each patch
`
`having a linear upper edge and curved lower, interior body facing, and opposite exterior edges,
`
`each patch having inside and outside surfaces; stitching coupling the lower, interior body facing
`
`and opposite exterior edges of each patch to the lower, interior body facing, and opposite exterior
`
`edges of an associated cup; a linear opening formed along the upper edge of each patch; at least
`
`one of a handheld electronic device, keys, and pills removably positioned within the pocket of at
`
`least one of the left and right cups; and wherein each patch curved lower interior body facing and
`
`opposite exterior edges are aligned with each curved lower interior body facing and opposite
`
`exterior edges, and wherein the stitching is along the curved lower interior body facing and
`
`opposite exterior edges of the patch, the linear upper edge of each patch crossing over a surface of
`
`the cup to form the linear opening.
`
`104. NIKE’s infringement has been willful, intentional, and deliberate. NIKE knows, or
`
`should have known, that making, using, offering to sell, selling, and importing the Swoosh On The
`
`Run would infringe the ‘288 Patent. Nevertheless, NIKE infringed and continues to infringe the
`
`‘288 Patent.
`
`105. NIKE has, and continues to, willfully, intentionally, and deliberately induce others
`
`to offer to sell, sell and/or use the Swoosh On The Run.
`20
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`Case 1:23-cv-11599-LTS Document 1 Filed 07/17/23 Page 21 of 32
`
`106. As the direct and proximate result of NIKE’s conduct, SherryWear has suffered—
`
`and will continue to suffer—economic harm, irreparable injury, and damages in an amount to be
`
`proven at trial. SherryWear seeks permanent injunctive relief in addition to damages.
`
`107.
`
`SherryWear is also entitled to enhanced damages and reasonable attorneys’ fees
`
`adequate to compensate for NIKE’s willful infringement and other conduct.
`
`COUNT IV
`Direct and Indirect Patent Infringement of the ‘016 Patent, 35 U.S.C. § 271
`
`108.
`
`SherryWear hereby incorporates all of the above paragraphs as if fully restated
`
`herein.
`
`109.
`
`SherryWear is the lawful owner of and maintains all rights, title, and interest in and
`
`to the ‘016 Patent, including the right to sue thereon and the right to recover for infringement
`
`thereof.
`
`110.
`
`The ‘016 Patent is generally directed to a pocket bra with side pockets.
`
`111. NIKE directly and indirectly infringes at least claims 1 and 2 of the ‘016 Patent.
`
`See Exhibits 29 & 34.
`
`112.
`
`The Swoosh Pocket Bra and the Swoosh Bra both satisfy each and every limitation
`
`of claim 1 because they are both pocket bra systems comprising; a strap assembly including a chest
`
`strap and shoulder straps; 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;
`
`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 side patches having upper and lower edges along at least part of
`
`a length of the strap, and side edges, 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,
`
`
`
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`Case 1:23-cv-11599-LTS Document 1 Filed 07/17/23 Page 22 of 32
`
`and 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.
`
`113.
`
`Inserting a handheld electronic device (e.g., a mobile phone or air pods) into the
`
`Swoosh Pocket Bra’s or the Swoosh Bra’s side pocket(s) satisfies each element of claim 4 of the
`
`‘016 Patent. On information and belief, NIKE has inserted a handheld electronic device into both
`
`bra’s side pocket(s).
`
`114. NIKE’s infringement has been willful, intentional, and deliberate. NIKE knows, or
`
`should have known, that making, using, offering to sell, selling, and importing the Swoosh Pocket
`
`Bra or the Swoosh Bra would infringe the ‘016 Patent. Nevertheless, NIK