IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF KANSAS 
`
`LOGANTREE LP
`
`Plaintiff,
`
`v.
`
`CIVIL ACTION NO.
`
`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 their address is P.O. Box 2345, Boerne, Texas 78006.
`
`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
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`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
`
`sufficient minimum contacts with the State of Kansas and the District of Kansas pursuant to the
`
`Due Process Clause of the United States Constitution and the law of Kansas; each Defendant has
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`purposefully availed itself of the privileges of conducting business in the State of Kansas and in
`
`the District of Kansas; each Defendant has sought protection and benefit from the laws of the
`
`State of Kansas; each Defendant regularly conducts business within the State of Kansas and
`
`within the District of Kansas; 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 Kansas and in the District of Kansas; each Defendant has committed the
`
`tort of patent infringement within the State of Kansas and within the District of Kansas; and
`
`Plaintiff’s causes of action arise directly from the Defendants’ business contacts and other
`
`activities in the State of Kansas and in the District of Kansas.
`
`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 Kansas, and the District of Kansas, including but not
`
`limited to the Accused Products identified below. Garmin solicits customers in the State of
`
`Kansas and in the District of Kansas. Garmin has customers who are residents of the State of
`
`Kansas and the District of Kansas and who use Garmin’s products and services, including the
`
`Accused Products, in the State of Kansas and in the District of Kansas. Garmin derives
`
`substantial revenue from goods and service provided to individuals in Kansas and in the District
`
`of Kansas.
`
`11.
`
`Venue is proper in the District of Kansas under 28 U.S.C. § 1400(b). Defendants
`
`Garmin Int’l and Garmin USA both reside in Kansas and the District of Kansas because both are
`
`incorporated in the State of Kansas. On information and belief, Defendant Garmin Ltd. has
`
`committed acts of patent infringement in the State of Kansas and in the District of Kansas and
`
`has a regular and established place of business in the State of Kansas and the District of Kansas.
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`See TC Heartland LLC v. Kraft Foods Grp. Brands LLC, 137 S. Ct. 11514 (2017). Moreover, on
`
`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.
`
`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.
`
`MR. BRANN’S INVENTION
`
`16.
`
`The ‘576 Patent generally relates to a device that Mr. Brann invented to measure,
`
`analyze, and record data about the wearer’s body movements using an accelerometer,
`
`programmable microprocessor, internal clock, and memory. The ‘576 Patent summarizes the
`
`invention as follows:
`
`An electronic device, system, and method to monitor and train an individual on
`proper motion during physical movement. The system employs an electronic
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`device which tracks and monitors an individual’s motion through the use of an
`accelerometer capable of measuring parameters associated with the individual’s
`movement. The device also employs a user-programmable microprocessor which
`receives, interprets, stores and responds to data relating to the movement
`parameters …. The downloadable, self-contained device can be worn at various
`positions along the torso or appendages being monitored depending on the
`specific physical task being performed. The device also detects the speed of
`movements made while the device is being worn ….
`
`(Ex. A at 1).
`
`17.
`
`As described in the ‘576 Patent, these basic components of Mr. Brann’s patented
`
`invention can be physically configured in a number of different ways depending upon the
`
`application to which the invention is put, and the device itself is fully user-programmable, such
`
`that it can be programmed to detect the occurrence of various different events according to
`
`parameters defined by the user as part of the device’s programming. (Id. at 13-17).
`
`18.
`
`The ‘576 Patent describes in detail, and with reference to the included drawings,
`
`how Mr. Brann’s invention might function in one possible “Preferred Embodiment.”1 (Id. at 13-
`
`17). In the Preferred Embodiment, the patented invention consists of a “self-contained movement
`
`measuring device” that can be attached to the wearer in a “variety of positions based on the
`
`specific movement being observed” and “the particular application in which the device is used.”
`
`(Id. at 13). As illustrated in Figure 4, the Preferred Embodiment of the “self-contained movement
`
`measuring device” contains a number of internal components, including principally:
`
`(1) “a movement sensor which detects movement and measures associated data such as
`angle, speed, and distance,”
`
`(2) “a microprocessor” connected to the movement sensor “which receives the signals
`generated by the movement sensor for analysis and subsequent processing,”
`
`                                                       
`1 As the patent explicitly states, “the invention is capable of other and different embodiments,
`and its several details are capable of modifications in various obvious respects, all without
`departing from the invention.” (Id. at 17). The patent’s description of the “Preferred
`Embodiment” is thus “to be regarded as illustrative in nature, and not as restrictive.” (Id.).
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`(3) “a clock” connected to the microprocessor “which is used as an internal clock for
`coordinating the functioning of the microprocessor” and “serves as a real time clock to
`provide date and time information to the microprocessor,” and
`
`(4) “memory” in which to store the “movement data” generated by the movement sensor
`and microprocessor.
`
`(Id. at 7, 13).
`
`19.
`
`The ‘576 patent specifically describes how the movement sensor, microprocessor,
`
`clock, and memory function together to detect, analyze, and record information about the
`
`wearer’s movement:
`
`The microprocessor constantly monitors the movement data received from the
`movement sensor. The microprocessor analyzes the movement data received
`from the sensor and, based on its internal programming, responds to the data. If a
`recordable event occurs, the microprocessor retrieves the date/time stamp from
`the clock and records the event information along with the date/time stamp in
`memory.
`
`(Id. at 14).2
`
`20.
`
`The ‘576 Patent also describes different forms these basic components might take
`
`in other possible embodiments of the patented device. For example, the patent notes that in the
`
`Preferred Embodiment, the “movement sensor” consists of “an accelerometer which is capable
`
`of detecting angels of movement in multiple planes,” but in an alternative embodiment could
`
`consist of multiple single-axis accelerometers acting in concert to generate the same information.
`
`(Id. at 13). Similarly, the Preferred Embodiment shows the microprocessor, clock, memory, and
`
`other components housed within a single “self-contained movement measuring device” worn by
`
`the user, but the patent notes that other embodiments might make use of wireless technology to
`
`“allow the user to wear minimal hardware (consisting primarily of the movement sensor) on the
`
`                                                       
`2 The other components shown in Figure 4 and described in the patent include a power source
`and related components, user inputs, an in/out port, and an output indicator. (Id. at 7).
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`body while transmitting the details of each physical movement to a remote microprocessor for
`
`analysis and storage.” (Id. at 15).
`
`DIFFERENT WAYS TO PROGRAM MR. BRANN’S INVENTION
`
`21.
`
`The ‘576 Patent shows how the invention’s basic components – and the data they
`
`generate and record – can be adapted to a wide-variety of applications based upon the different
`
`ways in which the microprocessor can be programmed to operate: “[T]he device is completely
`
`user programmable,” such that “the user may program the microprocessor with an array of
`
`functions for the device to perform” using the movement data collected by the accelerometer.
`
`(Id. at 15). For example, a user could program the device to detect when the wearer’s motion
`
`exceeds a certain angle, provide an alert to the wearer, and make a record of the event in the
`
`device’s memory. In that case, the patent explains: “[O]nce a wearer of the device exceeds the
`
`first defined angle limit, a notice for that limit is given to the wearer [and] [t]he microprocessor
`
`also stores the specific angle limit which was exceeded along with the date/time stamp.” (Id.).
`
`The recorded data can then be analyzed in any number of ways, for example to determine “the
`
`number, date and time” at which the device detected a programmed “event threshold.” (Id.).3
`
`22.
`
`As the ‘576 Patent explains, the flexible programmability of Mr. Brann’s
`
`invention makes it useful in any number of applications, such as the physical rehabilitation of
`
`patients, monitoring physical labor by employees, and in sports. (Id. at 16). For example, the
`
`                                                       
`3 Both the ‘576 Patent and the ‘576 Reexamination Certificate use the term “user-defined” – as in
`“user-defined events” or “user-defined operational parameters” – to refer to the device’s
`programming. (Ex. A at 14-17; Ex. B at 3). A “user-defined event” is simply an occurrence that
`the device is programmed to recognize, such as a body movement that surpasses a programmed
`angle-limit. (Ex. A at 14). Likewise, a “user-defined parameter” simply refers to a variable (such
`as the wearer’s height) that the device is programmed to incorporate into its analysis of data
`generated by the accelerometer. (Id. at 16).
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`patent specifically describes how the device could be used to monitor, analyze, and correct a
`
`golfer’s swing:
`
`[The device] may be worn by a golfer in order to monitor torso, waist, shoulder
`and arm movement during various drives and putts. The data collected by the
`device may then be used as a tool to aid in the analysis and improvement of the
`individual’s stroke technique.
`
`23.
`
`(Id. at 16-17). The patent also notes that the invention could be useful “for any
`
`number of sports, including football, baseball, basketball, or tennis … due to the unique
`
`programmability of the device.” (Id.).
`
`THE REEXAMINATION
`
`24.
`
`The ‘576 Patent sets forth three independent claims – one each for the device,
`
`system, and method of the invention described above – along with twenty-six dependent claims.
`
`(Id. at 17-18). On March 17, 2015, following a reexamination requested by LoganTree, the PTO
`
`issued a reexamination certificate for the ‘576 Patent (“the ‘576 Reexamination Certificate”)
`
`reaffirming the patentability of all of the ‘576 Patent claims, as amended, and further
`
`determining that an additional 156 dependent claims are patentable, for a total of 185 patented
`
`claims. (Ex. B). Claims 1, 13, and 20 of the Reexamined ‘576 Patent are independent claims,
`
`and the remaining 182 claims are dependent on Claims 1, 13, or 20.
`
`25.
`
`As stated in Claim No. 1 of ‘576 Reexamination Certificate, the patented “device”
`
`consists of:
`
`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
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`said movement data based on user-defined operational parameters, detecting a
`first user-defined event based on the movement data and at least one of the user-
`defined operational parameters regarding the movement data, and storing first
`event information related to the selected first user-defined event along with the
`first time stamp information reflecting a time at which the movement data causing
`the first user-defined event occurred;
`
`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
`
`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).4
`
`26.
`
`The primary purpose of the language added to the patented claims during
`
`reexamination (italicized above) was to clarify that the patented device detects and records the
`
`occurrence of user-defined events automatically, according to the user-defined parameters of the
`
`device’s programming. This distinguishes the patented device from prior art that required the
`
`user to take some affirmative action in order to mark and record the occurrence of an event, such
`
`as pressing a button on the device. The added language thus specifies that the microprocessor is
`
`“capable of … detecting a first user-defined event based on the movement data and at least one
`
`of the user-defined operational parameters” and recording that event in memory along with a
`
`time-stamp. (Ex. B at 3). The additional language does not change in any way the components or
`
`operation of the invention as described in the ‘576 Patent: the device’s microprocessor
`
`continuously monitors data generated by the motion sensor and, as programmed by the user,
`
`                                                       
`4 The text in italics “indicates additions made to the patent” as a result of the reexamination. (Id.
`at 3).
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`detects the occurrence of user-defined events and records those events in the device’s memory
`
`along with a time-stamp generated by the device’s real-time clock. (Ex. A at 14).
`
`27.
`
`Claim 13 (the “System Claim”) defines the patented “system” to comprise the
`
`Claim 1 device when connected via a “download device” to “a computer running a program
`
`capable of interpreting” the data gathered by the Claim 1 device.
`
`28.
`
`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
`
`At least one input/output port connected to said microprocessor for downloading
`said data and uploading said operational parameters;
`
`An output indicator connected to said microprocessor;
`
`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
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`parameters between said movement measuring device and said computer for
`analysis, reporting and operating purposes;
`
`Wherein said movement sensor measures the angle and velocity of said
`movement.
`
`29.
`
`Claim 20 (the “Method Claim”) provides a parallel definition for the patented
`
`“method.”
`
`30.
`
`Claim 20 is for: “A method to monitor physical movement of a body part
`
`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
`
`31.
`
`32.
`
`Plaintiff realleges paragraphs 1 through 30 herein.
`
`On information and belief, Garmin, directly or through intermediaries, makes,
`
`made, has made, used, imported, manufactured, provided, supplied, distributed, sold, and/or
`
`offered for sale to customers within the United States accelerometer-based activity monitoring
`
`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
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`family, vivomove model family, Fenix model family, Forerunner model family, Epix model
`
`family, Tactix model family, Quatix model family, D2 model family, Approach model family,
`
`Foretrex model family, TruSwing model family, and the Swim model family.
`
`33.
`
`On information and belief, the Accused Products infringe the Reexamined ‘576
`
`Patent because each of the accused products is a portable, self-contained device that uses an
`
`accelerometer to measure the angle and velocity of body movements, a user-programmable
`
`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.
`
`34.
`
`On information and belief, the Accused Products infringe the Device Claim of the
`
`Reexamined ‘576 Patent, and other claims dependent on the Device Claim, in that each of the
`
`Accused Products:
`
`a. Is a portable, self-contained devices for monitoring body movements
`
`during physical activity;
`
`b. Contains a movement sensor – specifically, an accelerometer – capable of
`
`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, the
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`angle or speed of the wearer’s golf swing, 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.
`
`35.
`
`As reflected in the chart attached hereto as Exhibit C, the information Garmin
`
`makes public about the Accused Products further demonstrates how they infringe the Device
`
`Claim of the Reexamined ‘576 Patent. (Ex. C). While Exhibit C demonstrates the element-by-
`
`element infringement of three specific Accused Products (i.e., the “Forerunner 35,” “vivoactive
`
`HR,” and “Fenix 5” model watches), on information and belief, all of Garmin’s Accused
`
`Products incorporate equivalent body motion-tracking technology and design, and all infringe the
`
`Reexamined ‘576 Patent.
`
`36.
`
`Garmin even markets products that constitute specific applications of the patented
`
`invention foreseen in the ‘576 Patent itself. As noted, the ‘576 Patent specifically contemplates
`
`an application for the invention to help golfers improve their swing:
`
`The device also has application in the area of sports. For example, it may be worn
`by a golfer in order to monitor torso, waist, shoulder, and arm movement during
`various drives and putts. The data collected by the device may then be used as a
`tool to aid in the analysis and improvement of the individual’s stroke technique.
`
`
`Garmin now manufactures and markets exactly such a product using the patented accelerometer-
`
`based technology, the TruSwing device, which Garmin’s website describes as follows:
`
`
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`For golfers who want to improve their shot-making consistency, the easy-to-use
`TruSwing sensor provides the accurate metrics needed to identify and correct any
`faulty swing mechanics.
`
`37.
`
`On information and belief, each of the Accused Products is designed to be and is
`
`cable of being connected to an external computer (such as a laptop or smart phone) and/or
`
`computer network operating software capable of accessing and downloading stored data from the
`
`Accused Products, analyzing that data, and presenting the data to the user in different forms.
`
`When so connected, each of the Accused Products infringes the System Claim in of the
`
`Reexamined ‘576 Patent, and other claims dependent on the System Claim, in that the Accused
`
`product so connected:
`
`a. Is a system to aid in training and safety during physical activity;
`
`b. Contains a portable, self-contained movement measuring device of the
`
`kind described in Paragraph 25, supra (e.g., the Accused Product itself);
`
`c. Contains a computer (e.g., a personal computer or smart phone) running a
`
`program capable of interpreting and reporting movement data collected by
`
`the device;
`
`d. Contains a download device (e.g., cord, USB dongle, Bluetooth
`
`transmitter, etc.) electronically connected to the movement measuring
`
`device and the computer for transmitting data between the movement
`
`device and the computer for analysis.
`
`38.
`
`On information and belief, when used as intended and instructed by Garmin, each
`
`of the Accused Products infringes the Method Claim of the Reexamined ‘576 Patent, and other
`
`claims dependent on the Method Claim, in that the Accused Product, so used:
`
`a. Is a method to monitor physical movement of a body part comprising the
`
`steps of:
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`b. Attaching a portable, self-contained movement measuring device (e.g., the
`
`Accused Product itself) to said body part;
`
`c. Measuring data associated with physical movement of the body part (using
`
`the accelerometer described above);
`
`d. Interpreting said data using a microprocessor contained in the movement
`
`measuring device based on user-defined parameters and a real-time clock;
`
`e. Storing said data in memory;
`
`f. Detecting, using the microprocessor, a first user-defined event based on
`
`the movement data and at least one of the user-defined operational
`
`parameters regarding the movement data; and
`
`g. Storing, in said memory, first event information related to the detected
`
`first user-defined event along with first time stamp information reflecting
`
`a time at which the movement data causing the first user-defined event
`
`occurred.
`
`39.
`
`The infringing actions of Garmin are and have at all times been without the
`
`consent of, authority of, or license from Plaintiff.
`
`40.
`
`As a direct and proximate result of the infringement of the Reexamined ‘576
`
`Patent by Garmin, Plaintiff has suffered damages in an amount that cannot yet be fully
`
`ascertained, which will be proven at trial.
`
`41.
`
`Garmin’s infringement of Logantree’s exclusive rights under the Reexamined
`
`‘576 Patent will continue to damage LoganTree, causing irreparable harm for which there is no
`
`adequate remedy at law. Unless enjoined by this Court, Garmin will continue to infringe the
`
`Reexamined ‘576 Patent.
`
`571856
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`15
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`

`

` 
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiff LoganTree requests that the Court grant the following relief:
`
`a)
`
`enter judgment that Defendants infringe and have directly infringed the
`
`Reexamined ‘576 Patent under 35 U.S.C. § 271(a);
`
`b)
`
`order Defendants to pay damages adequate to compensate Plaintiff for
`
`Defendants’ infringement of the Reexamined ‘576 Patent pursuant to 35 U.S.C. §
`
`284, together with pre-judgment and post-judgment interests, in an amount
`
`according to proof;
`
`c)
`
`enter a permanent injunction enjoining Defendants and their officers, agents,
`
`servants, employees, and attorneys, and all other persons and entities acting in
`
`concert or participation with them, from infringing the Reexamined ‘576 Patent.
`
`d)
`
`in the event a permanent injunction is not granted, determine the conditions for
`
`future infringement or grant such other relief as the Court deems appropriate;
`
`e)
`
`enter judgment that this case is exceptional under 35 U.S.C. § 285 and award
`
`Plaintiffs reasonable attorneys’ fees and costs incurred in this action; and
`
`f)
`
`award such other and further relief, at law or in equity, as the Court deems just
`
`and proper.
`
`DEMAND FOR JURY TRIAL
`
`Plaintiff respectfully requests a trial by jury on all issues so triable, pursuant to Fed. R.
`
`Civ. P. 38.
`
`DESIGNATION OF TRIAL
`
`Plaintiff respectfully requests, pursuant to D. Kan. R. 40.2, that the trial be held in
`
`Wichita, Kansas.
`
`571856
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`16
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`

`

`DATED: August 23, 2017
`
`Respectfully submitted by:
`
`FOULSTON SIEFKIN LLP
`
`By: /s/ Toby Crouse
` Toby Crouse, #20030
`
`32 Corporate Woods, Suite 600
`9225 Indian Creek Parkway
`Overland Park, KS 66210-2000
`(913) 498-2100
`(913) 498-2101 FAX
`Email: tcrouse@foulston.com
`
`and
`
`Arnold Shokouhi, TX # 24056315 
`James E. Sherry, TX # 24086340
`(Pro Hac Vice applications forthcoming)
`McCathern, PLLC
`3710 Rawlins Street, Suite 1600
`Dallas, TX 75219
`(214) 443-4478
`(214) 741-4717 FAX
`Email: arnolds@mccathernlaw.com
`Email: jsherry@mccathernlaw.com
`
`571856
`
`17
`
`