Archive for the ‘Infringement’ Category

Fitness Tracking Patent Suit – adidas v Asics

Monday, March 20th, 2017

On March 17, 2017, ADIDAS AG and ADIDAS America, Inc. filed a patent infringement action against ASICS America Corporation and FitnessKeeper, Inc. (3rd Cir. – Delaware).

The dispute centers around adidas’ fitness tracking patents such as US8,068,858 (Methods and computer program products for providing information about a user during a physical activity) and US7,805,150 (Wireless device, program products and methods of using a wireless device to deliver services), and US8,968,156 (Methods for determining workout plans and sessions), among others.

According to the complaint in this case, adidas claims that the “My Asics” mobile application, its respective desktop, website, and server software and interfaces, and associated products sold by Asics America are infringing its patents.  Moreover, Asics, acquired FitnessKeeper last year (Press Release), which includes the fitness tracking app ‘Runkeeper’, an application that can track and record fitness activities such as running, walking and cycling through GPS on smartphone devices, which is itself accused of, for example, RunKeeper is accused of permitting its millions of users to assign ratings to and/or annotate fitness routes infringing the adidas patents.  The accused functionality includes “the ability to receive data from another device, for example a heart rate monitor, and associate data from such device with other information regarding a fitness activity.”

fitness tracking patent drawing US8068858


Curiously enough, adidas also claims Defendants had, should have had, prior knowledge of the patents in suit because of a prior action brought by adidas two years before the RunKeeper acquisition. In February of 2014, adidas sued Under Armour, Inc. and MapMyFitness, Inc. over some of the same patents asserted now.

It is very early in the case, but it will be interesting to see how far these patents, which claim fundamental high-level functionality in vogue right now, can go in overcoming challenges to patentable subject matter from an Alice perspective, or does adidas own fitness tracking?

Article of the Month – Georgia-Pacific Royalties in Trademark Cases – les Nouvelles

Friday, January 9th, 2015

The highly regarded les Nouvelles journal has designated the most recent article by David Drews, IPmetrics’ founder and president, as the article of the month for January 2015.

The article, Determining An Appropriate Royalty Rate For Reasonable Royalty Trademark Damages A Modified Georgia-Pacific Framework, discusses the concepts and nuances of the application of the well-established analytical framework for determining reasonable royalties in the context of patent infringement to the determination of similarly reasonable royalties to compensate trademarks owners in infringement cases.  Since its publication in the print edition of the journal, the article has been the subject of keen interest on the part of practitioners and litigators in trademark law.

les Nouvelles, the journal of the Licensing Executives Society International (LESI), is published quarterly and is designed to further the knowledge of the societies members and others in improving their skills, techniques and knowledge in licensing and protecting Intellectual Property (more information here).