IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`LOGANTREE LP,
`
`
`
`
`
`Plaintiff,
`
`v.
`
`
`OMRON HEALTHCARE, INC.,
`
`
`
`Defendant.
`
`
`
`Civil Action No. _____________
`
`Jury Trial Demanded
`
`
`
`COMPLAINT
`
`1.
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`Plaintiff LoganTree LP (“Plaintiff” or “LoganTree”), for its Complaint against
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`Omron Healthcare, Inc. (“Defendant” or “Omron”) asserts claims for patent infringement of U.S.
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`Patent No. 6,059,576 (“the ‘576 Patent”), as reexamined, under 35 U.S.C. § 271, et seq. In support
`
`thereof, LoganTree alleges as follows:
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`PARTIES
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`2.
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`Plaintiff LoganTree LP is a partnership organized under the laws of the state of
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`Nevada. LoganTree’s sole general partner is Gulfstream Ventures, LLC (“Gulfstream”), a limited
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`liability company organized under the laws of the state of Nevada. Theodore and Anne Brann are
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`the owners and sole managing members of Gulfstream, and their address is P.O. Box 2345, Boerne,
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`Texas 78006.
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`3.
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`Defendant Omron Healthcare, Inc., is a corporation organized and existing under
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`the laws of the State of Delaware, with its principal place of business in the State of Illinois and
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`located at 1925 West Field Court, Suite 100, Lake Forest 60045. Omron may be served through
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`its registered agent, the Corporation Trust Company, located at 1209 Orange Street, Wilmington,
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`Delaware 19801.
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`
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`
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`1
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`APPLE 1034
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`

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`JURISDICTION AND VENUE
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`4.
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`This is an action for patent infringement arising under the patent laws of the United
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`States, Title 35, United States Code. This Court has subject matter jurisdiction over this action
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`under 28 U.S.C. §§ 1331 and 1338(a).
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`5.
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`This Court has general personal jurisdiction over Omron because Omron is
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`organized and existing under the laws of the State of Delaware.
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`6.
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`Venue is proper in the District of Delaware under 28 U.S.C. § 1400(b) because
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`Omron is incorporated in the State of Delaware and the District of Delaware is the sole judicial
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`district within the State of Delaware. See TC Heartland LLC v. Kraft Foods Grp. Brands LLC, 137
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`S. Ct. 11514 (2017) (holding that, “[a]s applied to domestic corporations, ‘reside[nce]’ in §
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`1400(b) refers only to the State of incorporation”).
`
`THE PATENT-IN-SUIT
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`7.
`
`On May 9, 2000, the United States Patent and Trademark Office (“PTO”) duly and
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`lawfully issued the ‘576 Patent, entitled “Training and Safety Device, System and Method to 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.
`
`8.
`
`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 (“the
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`‘576 Reexamination Certificate”). A true and correct copy of the ‘576 Reexamination Certificate
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`is attached hereto as Exhibit B. The ‘576 Patent as reexamined is referred to as the “Reexamined
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`‘576 Patent.”
`
`9.
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`The named inventor of the ‘576 Patent is Theodore L. Brann.
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`2
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`10. 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.
`
`THE REEXAMINATION
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`11.
`
`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 determining
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`that an additional 156 dependent claims are patentable, for a total of 185 patented claims. (Ex. B).
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`Claims 1, 13, and 20 of the Reexamined ‘576 Patent are independent claims, and the remaining
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`182 claims are dependent on Claims 1, 13, or 20.
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`12.
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`As stated in Claim No. 1 of ‘576 Reexamination Certificate, the patented “device”
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`provides for:
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`a portable, self-contained device for monitoring movement of body parts during
`physical activity, said device comprising:
`
`a movement sensor capable of measuring data associated with unrestrained
`movement in any direction and generating signals indicative of said movement;
`
`a power source;
`
`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;
`
`at least one user input connected to said microprocessor for controlling the
`operation of said device;
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`3
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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;
`
`wherein said movement sensor measures the angle and velocity of said movement.
`
`(Id. at 3).1
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`13.
`
`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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`14.
`
`Claim 13 of the Reexamined ‘576 Patent is for: “A system to aid in training and
`
`safety during physical activity, said system comprising:
`
`a portable, self-contained movement measuring device, said movement measuring
`device further comprising:
`
`a movement sensor capable of measuring data associated with unrestrained
`movement in any direction and generating signals indicative of said movement;
`
`a power source;
`
`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;
`
`at least one user input connected to said microprocessor for controlling the
`operation of said device;
`
`a real-time clock connected to said microprocessor; memory for storing said
`movement data; and
`
`
`1 The text in italics “indicates additions made to the patent” as a result of the reexamination. (Id.
`at 3).
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`4
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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
`
`a download device electronically connected to said movement measuring device
`and said computer for transmitting said movement data and operational 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.
`
`15.
`
`Claim 20 (the “Method Claim”) provides a parallel definition for the patented
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`“method.”
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`16.
`
`Claim 20 is for: “A method to monitor physical movement of a body part
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`comprising the steps of:
`
`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;
`
`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
`
`17.
`
`18.
`
`Plaintiff realleges paragraphs 1 through 16 herein.
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`On information and belief, Omron, directly or through intermediaries, makes,
`
`made, has made, used, imported, manufactured, provided, supplied, distributed, sold, and/or
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`5
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`
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`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”): Alvita
`
`Wireless Activity Tracker, Alvita USB Pedometer with Four Activity Modes, Alvita Ultimate
`
`Pedometer, and Alvita Optimized Pedometer with Four Activity Modes.
`
`19.
`
`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 microprocessor capable of
`
`recognizing and analyzing data generated by the accelerometer, and internal memory and a clock
`
`for storing the data along with the time at which the detected events occurred.
`
`20.
`
`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, a “Tri-axis 3D smart sensor” –
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`capable of measuring data associated with body movements and generating
`
`signals indicative of such movements, and which measures the angle and
`
`velocity of such movements;
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`c. Contains a power source – specifically, an internal lithium battery;
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`d. Contains a microprocessor connected to the movement sensor and power
`
`source capable of receiving, interpreting, storing, and responding to
`
`movement data generated by the Tri-axis 3D smart sensor based on user-
`
`
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`6
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`

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`
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`defined operational parameters (e.g., the user’s height, weight, stride length,
`
`etc.), and detecting a first user-defined event based on the movement data
`
`and at least one of the user-defined operational parameters regarding the
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`movement data (e.g., steps and/or aerobic steps taken, miles traveled,
`
`calories burned, etc.);
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`e. Contains user inputs (e.g., touch screen, buttons, etc.) connected to the
`
`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, etc.) connected to
`
`said microprocessor for signaling the occurrence of user-defined events.
`
`21.
`
`As reflected in the chart attached hereto as Exhibit C, the information Omron 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 one specific Accused Product (i.e., the “Alvita Wireless Activity Tracker”), on
`
`information and belief, all of Omron’s Accused Products incorporate equivalent body motion-
`
`tracking technology and design, and all infringe the Device Claim of the Reexamined ‘576 Patent.
`
`22.
`
`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;
`
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`7
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`
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`b. Contains a portable, self-contained movement measuring device of the kind
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`described in Paragraph 12, supra (e.g., the Accused Product itself);
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`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;
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`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.
`
`23.
`
`On information and belief, when used as intended and instructed by Omron, 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:
`
`b. Attaching a portable, self-contained movement measuring device (e.g., the
`
`Accused Product itself) to said body part for measuring unrestrained
`
`movement in any direction;
`
`c. Measuring data associated with physical movement of the body part (using
`
`the Tri-axis 3D smart sensor described above);
`
`d. Interpreting said data using a microprocessor contained in the self-
`
`contained movement measuring device based on user-defined parameters
`
`and a real-time clock;
`
`e. Storing said data in memory;
`
`
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`8
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`
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`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
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`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.
`
`24.
`
`As reflected in the chart attached hereto as Exhibit D, the information Omron makes
`
`public about the Accused Products further demonstrates how they infringe the Method Claim of
`
`the Reexamined ‘576 Patent. (Ex. D). While Exhibit D demonstrates the element-by-element
`
`infringement of one specific Accused Product (i.e., the “Alvita Wireless Activity Tracker”), on
`
`information and belief, all of Omron’s Accused Products incorporate equivalent body motion-
`
`tracking technology and methodology, and all infringe the Method Claim of the Reexamined ‘576
`
`Patent.
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`25.
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`The infringing actions of Omron are and have at all times been without the consent
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`of, authority of, or license from Plaintiff.
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`26.
`
`As a direct and proximate result of the infringement of the Reexamined ‘576 Patent
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`by Omron, Plaintiff has suffered damages in an amount that cannot yet be fully ascertained, which
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`will be proven at trial.
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff LoganTree requests that the Court grant the following relief:
`
`a)
`
`enter a judgment that Defendant has directly infringed the Reexamined ‘576 Patent
`
`under 35 U.S.C. § 271(a);
`
`
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`9
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`b)
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`order Defendant to pay damages adequate to compensate Plaintiff for Defendant’s
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`infringement of the Reexamined ‘576 Patent pursuant to 35 U.S.C. § 284, together
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`with pre- and post-judgment interest, in an amount according to proof;
`
`c)
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`enter judgment that this case is exceptional under 35 U.S.C. § 285 and award
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`Plaintiff’s reasonable attorneys’ fees and costs incurred in this action; and
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`d)
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`award such other and further relief, at law or in equity, as the Court deems just and
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`proper.
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`DEMAND FOR JURY TRIAL
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`Plaintiff respectfully requests a trial by jury on all issues so triable, pursuant to Fed. R. Civ.
`
`P. 38(b).
`
`
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`
`
`DATED: October 18, 2018
`
`
`
`OF COUNSEL
`
`
`
`Arnold Shokouhi
`James E. Sherry
`MCCATHERN, PLLC
`3710 Rawlins Street, Suite 1600
`Dallas, TX 75219
`Telephone: (214) 443-4478
`Facsimile: (214) 741-4717
`arnolds@mccathernlaw.com
`jsherry@mccathernlaw.com
`
`
`
`
`
`CHIPMAN BROWN CICERO & COLE, LLP
`
`
`
` /s/ Gregory E. Stuhlman
`Gregory E. Stuhlman (#4765)
`Stephanie JH. Dallaire (#5184)
`Hercules Plaza
`1313 North Market Street, Suite 5400
`Wilmington, DE 19801
`(302) 295-0191
`stuhlman@chipmanbrown.com
`dallaire@chipmanbrown.com
`
`Attorneys for Plaintiff
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`
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`10
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` AO 120 (Rev. 08/10)
`
`TO:
`
`Mail Stop 8
`Director of the U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`TRADEMARK
`
`In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been
`filed in the U.S. District Court
`on the following
`G Trademarks or G Patents. ( G the patent action involves 35 U.S.C. § 292.):
`DOCKET NO.
`DATE FILED
`U.S. DISTRICT COURT
`
`PLAINTIFF
`
`DEFENDANT
`
`PATENT OR
`TRADEMARK NO.
`
`DATE OF PATENT
`OR TRADEMARK
`
`HOLDER OF PATENT OR TRADEMARK
`
` 1
`
` 2
`
` 3
`
` 4
`
` 5
`
`DATE INCLUDED
`
`PATENT OR
`TRADEMARK NO.
`
`In the above—entitled case, the following patent(s)/ trademark(s) have been included:
`INCLUDED BY
`
`G Amendment
`DATE OF PATENT
`OR TRADEMARK
`
`G Other Pleading
`G Cross Bill
`G Answer
`HOLDER OF PATENT OR TRADEMARK
`
` 1
`
` 2
`
` 3
`
` 4
`
` 5
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`In the above—entitled case, the following decision has been rendered or judgement issued:
`DECISION/JUDGEMENT
`
`CLERK
`
`(BY) DEPUTY CLERK
`
`DATE
`
`Copy 1—Upon initiation of action, mail this copy to Director Copy 3—Upon termination of action, mail this copy to Director
`Copy 2—Upon filing document adding patent(s), mail this copy to Director Copy 4—Case file copy
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`for the District of Delaware
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`4
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`10/18/2018
`
`for the District of Delaware
`
`LOGANTREE LP
`
`OMRON HEALTHCARE, INC.
`
`6,059,576
`
`10/18/2018
`
`Logantree LP
`
`