IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`SAN ANTONIO DIVISION
`
`LOGANTREE LP
`
`Plaintiff,
`
`v.
`
`CIVIL ACTION NO. 5:17-cv-98
`
`GARMIN INTERNATIONAL, INC.,
`GARMIN USA, INC., and GARMIN, LTD.
`
`JURY DEMAND
`
`Defendants.
`
`PLAINTIFF’S ORIGINAL COMPLAINT
`
`1.
`
`Plaintiff LoganTree LP (“LoganTree”) files this, its Original Complaint for patent
`
`infringement. Plaintiff asserts claims for patent infringement of U.S. Patent No. 6,059,576 (“the
`
`‘576 Patent”), as reexamined, against Defendants Garmin International, Inc. (“Garmin Int’l”),
`
`Garmin USA, Inc. (“Garmin USA”), and Garmin, Ltd. (collectively, “Garmin”), under 35 U.S.C.
`
`§ 271, et seq. In support thereof, LoganTree would respectfully show the Court the following:
`
`PARTIES
`
`2.
`
`Plaintiff LoganTree LP (“Plaintiff” or LoganTree”) is a partnership organized
`
`under the laws of the state of Nevada. LoganTree’s sole general partner is Gulfstream Ventures,
`
`LLC (“Gulfstream”), a limited liability company organized under the laws of the state of
`
`Nevada. Theodore and Anne Brann are the owners and sole managing members of Gulfstream,
`
`and they reside at P.O. Box 2345, Boerne, Texas 78006.
`
`PLAINTIFF’S ORIGINAL COMPLAINT
`
`1
`
`APPLE 1032
`
`
`FOR THE WESTERN DISTRICT OF TEXAS
`SAN ANTONIO DIVISION
`
`LOGANTREE LP
`
`Plaintiff,
`
`v.
`
`CIVIL ACTION NO. 5:17-cv-98
`
`GARMIN INTERNATIONAL, INC.,
`GARMIN USA, INC., and GARMIN, LTD.
`
`JURY DEMAND
`
`Defendants.
`
`PLAINTIFF’S ORIGINAL COMPLAINT
`
`1.
`
`Plaintiff LoganTree LP (“LoganTree”) files this, its Original Complaint for patent
`
`infringement. Plaintiff asserts claims for patent infringement of U.S. Patent No. 6,059,576 (“the
`
`‘576 Patent”), as reexamined, against Defendants Garmin International, Inc. (“Garmin Int’l”),
`
`Garmin USA, Inc. (“Garmin USA”), and Garmin, Ltd. (collectively, “Garmin”), under 35 U.S.C.
`
`§ 271, et seq. In support thereof, LoganTree would respectfully show the Court the following:
`
`PARTIES
`
`2.
`
`Plaintiff LoganTree LP (“Plaintiff” or LoganTree”) is a partnership organized
`
`under the laws of the state of Nevada. LoganTree’s sole general partner is Gulfstream Ventures,
`
`LLC (“Gulfstream”), a limited liability company organized under the laws of the state of
`
`Nevada. Theodore and Anne Brann are the owners and sole managing members of Gulfstream,
`
`and they reside at P.O. Box 2345, Boerne, Texas 78006.
`
`PLAINTIFF’S ORIGINAL COMPLAINT
`
`1
`
`APPLE 1032
`
`
`
`3.
`
`Upon information and belief, Defendant Garmin Int’l is a corporation organized
`
`and existing under the laws of the State of Kansas, with its principal place of business at 1200
`
`East 151st Street, Olathe, Kansas 66062. Garmin Int’l may be served through its registered
`
`agent, David Ayres, at 1200 East 151st Street, Olathe, Kansas 66062.
`
`4.
`
`Upon information and belief, Defendant Garmin USA is a corporation organized
`
`and existing under the laws of the State of Kansas, with its principal place of business at 1200
`
`East 151st Street, Olathe, Kansas 66062. Garmin Int’l may be served through its registered
`
`agent, David Ayres, at 1200 East 151st Street, Olathe, Kansas 66062.
`
`5.
`
`Upon information and belief, Defendant Garmin Ltd. is a company organized and
`
`existing under the laws of Switzerland with its principal place of business at Muhlenstalstrasse 2,
`
`8200 Schaffhausen, Switzerland, and can be served at that address.
`
`6.
`
`Upon information and belief, Garmin Int’l and Garmin USA are wholly-owned
`
`subsidiaries of Garmin Ltd.
`
`7.
`
`Upon information and belief, Garmin sells and offers to sell products and services
`
`throughout the United States, including in this judicial district, and introduces products and
`
`services into the stream of commerce that incorporate infringing technology knowing that they
`
`would be sold in this judicial district and elsewhere in the United States.
`
`JURISDICTION AND VENUE
`
`8.
`
`This is an action for patent infringement arising under the patent laws of the
`
`United States, Title 35, United States Code. This Court has subject matter jurisdiction over this
`
`action under 28 U.S.C. §§ 1331 and 1338(a).
`
`9.
`
`On information and belief, this Court has general and specific personal
`
`jurisdiction over each of the Defendants because each Defendant is present within and/or has
`
`
`
`2
`
`
`
`sufficient minimum contacts with the State of Texas and the Western District of Texas pursuant
`
`to the Due Process Clause of the United States Constitution and Sections 17.041-117.045 of the
`
`Texas Civil Practice & Remedies Code; each Defendant has purposefully availed itself of the
`
`privileges of conducting business in the State of Texas and in the Western District of Texas; each
`
`Defendant has sought protection and benefit from the laws of the State of Texas; each Defendant
`
`regularly conducts business within the State of Texas and within the Western District of Texas;
`
`each Defendant has purposefully and voluntarily placed infringing products in the stream of
`
`commerce with the expectation that its products will be purchased by end users in the State of
`
`Texas and in the Western District of Texas; each Defendant has committed the tort of patent
`
`infringement within the State of Texas and within the Western District of Texas; and Plaintiff’s
`
`causes of action arise directly from the Defendants’ business contacts and other activities in the
`
`State of Texas and in the Eastern District of Texas.
`
`10. More specifically, Garmin directly and/or through intermediaries (including
`
`distributors, retailers, and others) ships, distributes, offers for sale, sells, and/or advertises its
`
`products in the United States, the State of Texas, and the Western District of Texas, including
`
`but not limited to the Accused Products identified below. Garmin solicits customers in the State
`
`of Texas and in the Western District of Texas. Garmin has customers who are residents of the
`
`State of Texas and the Western District of Texas and who use Garmin’s products and services,
`
`including the Accused Products, in the State of Texas and in the Western District of Texas.
`
`Garmin derives substantial revenue from goods and service provided to individuals in Texas and
`
`in the Western District of Texas.
`
`
`
`3
`
`
`
`11.
`
`Venue is proper in the Western District of Texas under 28 U.S.C. §§ 1391(b) and
`
`1400. On information and belief, Garmin has transacted business in this district, and has directly
`
`and/or indirectly committed and/or induced acts of patent infringement in this district.
`
`THE PATENT-IN-SUIT
`
`12.
`
`On May 9, 2000, the United States Patent and Trademark Office (“PTO”) duly
`
`and 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
`
`correct copy of the ‘576 Patent is attached hereto as Exhibit A.
`
`13.
`
`On March 17, 2015, following a reexamination requested by LoganTree, the PTO
`
`issued a reexamination certificate for the ‘576 Patent, bearing U.S. Patent No. 6,059,576 C1
`
`(“the ‘576 Reexamination Certificate”). A true and correct copy of the ‘576 Reexamination
`
`Certificate is attached hereto as Exhibit B. The ‘576 Patent as reexamined is referred to as the
`
`“Reexamined ‘576 Patent.”
`
`14.
`
`The named inventor of the ‘576 Patent is Theodore Brann.
`
`15. Mr. Brann assigned all right, title, and interest in the ‘576 Patent to LoganTree.
`
`16.
`
`LoganTree possess all rights of recovery under the ‘576 Patent and the
`
`Reexamined ‘576 Patent, including the exclusive right to sue for infringement and recover past
`
`damages.
`
`17.
`
`The ‘576 Patent generally relates to systems and methods for monitoring
`
`movement of body parts during physical activity using a movement sensor, in which a user-
`
`defined event can be detected and event information related to the detected user-defined event
`
`can be stored along with time stamp information reflecting a time at which the user-defined
`
`event occurred. The ‘576 summarizes the invention as follows:
`
`
`
`4
`
`
`
`An electronic device, system, and method to monitor and train an individual on proper
`motion during physical movement. The system employs an electronic 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 ….
`
`18.
`
`The Reexamined ‘576 Patent sets forth 185 separate claims, of which three are
`
`independent claims.
`
`19.
`
`Claim 1 (the “Device Claim”) of the Reexamined ‘576 Patent is for: “A portable,
`
`self-contained device for monitoring movement of body parts during physical activity, said
`
`device comprising:
`
`a. A movement sensor capable of measuring data associated with
`
`unrestrained movement in any direction and generating signals indicative
`
`of said movement;
`
`b. A power source;
`
`c. 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;
`
`
`
`5
`
`
`
`d. At least one user input connected to said microprocessor for controlling
`
`the operation of said device;
`
`e. A real-time clock connected to said microprocessor; memory for storing
`
`said movement data; and
`
`f. An output indictor connected to said microprocessor for signaling the
`
`occurrence of user-defined events;
`
`g. Wherein said movement sensor measures the angle and velocity of said
`
`movement.”
`
`20.
`
`Claim 13 (the “System Claim”) of the Reexamined ‘576 Patent is for: “A system
`
`to aid in training and safety during physical activity, said system comprising:
`
`a. A portable, self-contained movement measuring device, said movement
`
`measuring device further comprising:
`
`i. A movement sensor capable of measuring data associated with
`
`unrestrained movement in any direction and generating signals
`
`indicative of said movement;
`
`ii. A power source;
`
`iii. 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-
`
`
`
`6
`
`
`
`defined event along with th first time stamp information reflecting
`
`a time at which the movement data causing the first user-defined
`
`event occurred;
`
`iv. At least one user input connected to said microprocessor for
`
`controlling the operation of said device;
`
`v. A real-time clock connected to said microprocessor; memory for
`
`storing said movement data; and
`
`vi. At least one input/output port connected to said microprocessor for
`
`downloading said data and uploading said operational parameters;
`
`vii. An output indicator connected to said microprocessor;
`
`viii. A computer running program capable of interpreting and reporting
`
`said movement data based on said operational parameters; and
`
`b. 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;
`
`c. Wherein said movement sensor measures the angle and velocity of said
`
`movement.”
`
`21.
`
`Claim 20 (the “Method Claim”) is for: “A method to monitor physical movement
`
`of a body part comprising the steps of:
`
`a. Attaching a portable, self-contained movement measuring device to said
`
`body part for measuring unrestrained movement in any direction;
`
`
`
`7
`
`
`
`b. 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]
`
`c. Storing said data in memory;
`
`d. 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
`
`e. 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.”
`
`22.
`
`The remaining 182 claims of the Reexamined ‘576 Patent are dependent on
`
`Claims 1, 13, or 20.
`
`COUNT ONE: INFRINGEMENT OF THE REEXAMINED ‘576 PATENT
`
`23.
`
`24.
`
`Plaintiff realleges paragraphs 1 through 22 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
`
`devices that infringe the Reexamined ‘576 Patent, including but not limited to the following
`
`models of wearable accelerometer-based activity tracker (collectively “Accused Products”):
`
`vivofit model family (vivofit 3, vivofit jr., etc.), vivosmart model family, vivoactive model
`
`family, vivomove model family, Fenix model family, Forerunner model family, Epix model
`
`
`
`8
`
`
`
`family, Tactix model family, Quatix model family, D2 model family, Approach model family,
`
`Foretrex model family, TruSwing model family, and the Swim model family.
`
`25.
`
`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 and a microprocessor to
`
`analyze that data and provide feedback to the wearer – precisely what the Reexamined ‘576
`
`Patent protects.
`
`26.
`
`Garmin even markets products that constitute specific applications of the patented
`
`invention foreseen in the ‘576 Patent itself. For example, 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.
`
`On information and belief, Garmin now manufactures and markets exactly such a product using
`
`the patented accelerometer-based technology, the TruSwing device, which Garmin’s website
`
`describes as follows:
`
`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.
`
`27.
`
` 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
`
`Accused Products:
`
`a. Is a portable, self-contained devices for monitoring body movements
`
`during physical activity;
`
`
`
`9
`
`
`
`b. Contains a movement sensor – specifically, a 3-axis accelerometer –
`
`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;
`
`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
`
`movement data generated by the accelerometer based on user-defined
`
`operational parameters (e.g., a goal of 10,000 steps, the user’s height,
`
`distance traveled, calories burned, etc.);
`
`e. Contains user inputs (e.g., buttons, touch screen, etc.) connected to the
`
`microprocessor for controlling the device;
`
`f. Contains a real-time clock and memory for storing movement data; and
`
`g. Includes an output indicator (e.g., screen, LED readout, colored lights,
`
`etc.) connected to said microprocessor for signaling the occurrence of
`
`user-defined events.
`
`28.
`
`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:
`
`
`
`10
`
`
`
`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.
`
`29.
`
`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:
`
`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;
`
`
`
`11
`
`
`
`f. Detecting, using the microprocessor, a first user-defined event based on
`
`the movement data and at least one of the user-defined operational
`
`paramaters 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.
`
`30.
`
`The infringing actions of Garmin are and have at all times been without the
`
`consent of, authority of, or license from Plaintiff.
`
`31.
`
`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.
`
`32.
`
`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.
`
`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. §
`
`
`
`12
`
`
`
`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.
`
`DATED: February 10, 2017
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`MCCATHERN, P.L.L.C.
`
`/s/ Arnold Shokouhi__________________
`Arnold Shokouhi
`State Bar No. 24056315
`arnolds@mccathernlaw.com
`
`3710 Rawlins, Suite 1600
`Dallas, Texas 75219
`Telephone: 214.741.2662
`Facsimile: 214.741.4717
`
`Attorney for Plaintiff Logantree, L.P.
`
`13
`
`
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