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`LOGANTREE LP
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`Plaintiff,
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`v.
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`FITBIT INC.
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`Defendant.
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`CIVIL ACTION NO. 2:15-cv-1575
`JURY DEMAND
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`PLAINTIFF’S ORIGINAL COMPLAINT
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`1.
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`Plaintiff LoganTree LP files this, its Original Complaint for patent infringement.
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`Plaintiff asserts claims for patent infringement of U.S. Patent No. 6,059,576 (“the „576 Patent”),
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`as reexamined, against Defendant Fitbit Inc. under 35 U.S.C. §271, et seq. In support thereof,
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`Plaintiff 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 Nevada corporation with
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`its principal place of business located at 123 W. Nye Lane, Carson City, NV 89706.
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`3.
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`Upon information and belief, Defendant Fitbit Inc. (“Defendant” or “Fitbit”) is a
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`Delaware corporation having its principal place of business located at 405 Howard Street, San
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`Francisco, California, 94105. Defendant may be served through its registered agent, The
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`Company Corporation, 2711 Centerville Road, Suite 400, Wilmington, Delaware, 19808.
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`1
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`APPLE 1031
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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
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`United States, Title 35, United States Code. This Court has exclusive subject matter jurisdiction
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`over this case for patent infringement under 28 U.S.C. §§ 1331 and 1338(a).
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`5.
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` This Court has personal jurisdiction over Defendant Fitbit because Fitbit is
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`present within and/or has minimum contacts with the State of Texas and the Eastern District of
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`Texas; Fitbit has purposefully availed itself of the privileges of conducting business in the State
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`of Texas and in the Eastern District of Texas; Fitbit has sought protection and benefit from the
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`laws of the State of Texas; Fitbit regularly conducts business within the State of Texas and
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`within the Eastern District of Texas; Fitbit 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 Texas and in the Eastern District of Texas; Fitbit has committed the tort
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`of patent infringement within the State of Texas and within this Judicial District; and Plaintiff‟s
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`causes of action arise directly from Fitbit‟s business contacts and other activities in the State of
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`Texas and in the Eastern District of Texas.
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`6.
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`More specifically, Fitbit 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 Texas, and the Eastern District of Texas, including but
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`not limited to the Accused Products identified below. Fitbit solicits customers in the State of
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`Texas and in the Eastern District of Texas. Fitbit has customers who are residents of the State of
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`Texas and the Eastern District of Texas and who use Fitbit‟s products and services, including the
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`Accused Products, in the State of Texas and in the Eastern District of Texas. Fitbit derives
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`substantial revenue from goods and service provided to individuals in Texas and in this Judicial
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`2
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`District. Further, Fitbit has previously been subject to this Court‟s jurisdiction in the cases of
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`Sportbrain Holdings, Inc. v. Fitbit, Inc., Civil Action No. 2:13-00212-JRG-RSP (E.D. Tex.),
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`FEGO Precision Industrial Co, Ltd. v. Fitbit, Inc., No. 2:14-cv-40 (E.D. Tex.); Olivistar, LLC v.
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`Fitbit, Inc., No. 2:14-cv-536 (E.D. Tex.).
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`7.
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`Venue is proper in the Eastern District of Texas under 28 U.S.C. §§ 1391(b) and
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`1400. On information and belief, Fitbit has transacted business in this district, and has directly
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`and/or indirectly committed and/or induced acts of patent infringement in this district.
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`THE PATENT-IN-SUIT
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`8.
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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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`9.
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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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`10.
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`The named inventor of the „576 Patent is Theodore L. Brann.
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`11. Mr. Brann assigned all right, title, and interest in the „576 Patent to Plaintiff
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`LoganTree.
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`12.
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`Plaintiff possess all rights of recovery under the „576 Patent and the Reexamined
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`„576 Patent, including the exclusive right to sue for infringement and recover past damages.
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`3
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`13.
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`The Reexamined „576 Patent generally relates to systems and methods for
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`monitoring movement of body parts during physical activity using a movement sensor, in which
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`a user-defined event can be detected and event information related to the detected user-defined
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`event can be stored along with time stamp information reflecting a time at which the user-
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`defined event occurred.
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`COUNT ONE: INFRINGEMENT OF THE REEXAMINED ‘576 PATENT
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`14.
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`15.
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`Plaintiff realleges paragraphs 1 through 13 herein.
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`Fitbit manufactures and sells to customers within the United States activity
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`monitoring devices that infringe the Reexamined „576 Patent, including but not limited to the
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`following (collectively “Accused Products”): Fitbit Zip, Fitbit One, Fitbit Flex, Fitbit Charge,
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`Fitbit Charge HR, and Fitbit Surge.
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`16.
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`Fitbit, directly or through intermediaries, made, had made, used, imported,
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`provided, supplied, distributed, sold and/or offered for sale the Accused Products, which monitor
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`movement of body parts during physical activity using a movement sensor, in which a user-
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`defined event can be detected and event information related to the detected user-defined event
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`can be stored along with time stamp information reflecting a time at which the user-defined
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`event occurred, which infringe one or more claims of the Reexamined „576 Patent. Particularly,
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`Fitbit makes, uses, provides, offers for sale, and sells the Accused Products that directly infringe
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`at least claim 1 of the Reexamined „576 Patent, either literally or under the doctrine of
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`equivalents.
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`17.
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`The infringing actions of Fitbit 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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`4
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`18.
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`As a direct and proximate result of the infringement of the Reexamined „576
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`Patent by Fitbit, Plaintiff has suffered damages in an amount that cannot yet be fully ascertained,
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`which will be proven at trial.
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`19.
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`Fitbit‟s infringement of Plaintiff‟s exclusive rights under the Reexamined „576
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`Patent will continue to damage Plaintiff, causing irreparable harm for which there is no adequate
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`remedy at law. Unless enjoined by this Court, Fitbit will continue to infringe the Reexamined
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`„576 Patent.
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff LoganTree requests that the Court grant the following relief:
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`a)
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`enter judgment that Defendant Fitbit infringes and has directly infringed the
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`Reexamined „576 Patent under 35 U.S.C. § 271(a);
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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-judgment and post-judgment interests, in an amount according to proof;
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`c)
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`enter a permanent injunction enjoining Defendant and its officers, agents,
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`servants, employees, and attorneys, and all other persons and entities acting in
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`concert or participation with them, from infringing the Reexamined „576 Patent.
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`d)
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`in the event a permanent injunction is not granted, determine the conditions for
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`future infringement or grant such other relief as the Court deems appropriate;
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`e)
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`enter judgment that this case is exceptional under 35 U.S.C. § 285 and award
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`Plaintiffs reasonable attorneys‟ fees and costs incurred in this action; and
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`f)
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`award such other and further relief, at law or in equity, as the Court deems just
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`and proper.
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`5
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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.
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`Civ. P. 38.
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`DATED: October 2, 2015
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`Respectfully submitted,
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`MCCATHERN, P.L.L.C.
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`/s/ Arnold Shokouhi
`Arnold Shokouhi
`State Bar No. 24056315
`arnolds@mccathernlaw.com
`Levi G. McCathern, II
`State Bar No. 00787990
`lmccathern@mccathernlaw.com
`James E. Sherry
`State Bar No. 24086340
`jsherry@mccathernlaw.com
`3710 Rawlins, Suite 1600
`Dallas, Texas 75219
`Telephone: 214.741.2662
`Facsimile: 214.741.4717
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`Of Counsel
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`SUGHRUE MION P.L.L.C.
`William H. Mandir (pro hac vice pending)
`wmandir@sughrue.com
`Brian K. Shelton (pro hac vice pending)
`bshelton@sughrue.com
`2100 Pennsylvania Ave. NW
`Washington, DC 20037
`Telephone: 202.293.7060
`Facsimile: 202.293.7860
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`Attorneys for Plaintiff LoganTree LP
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`6
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