throbber
Case 1:14-cv-00130-GMS Document 1 Filed 02/04/14 Page 1 of 27 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C.A. No.
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`JURY TRIAL DEMANDED
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`))))))))))
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`Plaintiff,
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`
`
`v.
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`
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`Defendants.
`
`
`UNDER ARMOUR, INC. and
`MAPMYFITNESS, INC.,
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`ADIDAS AG,
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`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff adidas AG (“Plaintiff” or “adidas”) alleges as follows:
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`
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`NATURE OF ACTION
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`1.
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`This is an action under the patent laws of the United States, 35 U.S.C. § 1, et seq.,
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`for infringement by Defendants Under Armour, Inc. (“Under Armour” or “UA”) and
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`MapMyFitness, Inc. (“MapMyFitness” or “MMF”) (collectively, “Defendants”) of patents
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`owned by adidas.
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`THE PARTIES
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`2.
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`Plaintiff adidas is a corporation organized under the laws of the Federal Republic
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`of Germany, with
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`its principal place of business at Adi-Dassler-Strasse 1, 91074
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`Herzogenaurach, Germany.
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`3.
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`Defendant Under Armour is a corporation organized under the laws of the State of
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`Maryland with its principal place of business in the United States located at 1020 Hull Street,
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`Baltimore, Maryland 21230.
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`

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`Case 1:14-cv-00130-GMS Document 1 Filed 02/04/14 Page 2 of 27 PageID #: 2
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`4.
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`Defendant MapMyFitness is a corporation organized under the laws of Delaware,
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`with its principal place of business at 522 East 6th Street, Austin, Texas 78701 and is a wholly
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`owned subsidiary of Under Armour.
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`JURISDICTION AND VENUE
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`5.
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`This action arises under the patent laws of the United States, Title 35 of the
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`United States Code. Accordingly, this Court has jurisdiction over the subject matter of this
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`action pursuant to 28 U.S.C. §§ 1331 and 1338(a).
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`6.
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`Defendant MapMyFitness’s registered agent in Delaware is The Corporation
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`Trust Company, Corporation Trust Center, 1209 Orange St., Wilmington, DE 19801.
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`7.
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`Defendant Under Armour conducts substantial business in the state of Delaware,
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`including (1) committing at least a portion of the infringing acts alleged herein and (2) regularly
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`transacting business, soliciting business, and deriving revenue from the sale of goods and
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`services, including infringing goods and services, to individuals in the state of Delaware. Thus,
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`Defendant Under Armour has purposefully availed itself of the benefits of the state of Delaware,
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`and the exercise of jurisdiction over Defendant Under Armour would not offend traditional
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`notions of fair play and substantial justice.
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`8.
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`Defendant MapMyFitness conducts substantial business in the state of Delaware,
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`including (1) committing at least a portion of the infringing acts alleged herein and (2) regularly
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`transacting business, soliciting business, and deriving revenue from the sale of goods and
`
`services, including infringing goods and services, to individuals in the state of Delaware. Thus,
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`Defendant MapMyFitness has purposefully availed itself of the benefits of the state of Delaware,
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`and the exercise of jurisdiction over Defendant MapMyFitness would not offend traditional
`
`notions of fair play and substantial justice.
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`2
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`

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`Case 1:14-cv-00130-GMS Document 1 Filed 02/04/14 Page 3 of 27 PageID #: 3
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`9.
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`Venue is proper in this district pursuant to 28 U.S.C. §§ 1391 and 1400.
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`THE PATENTS
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`10.
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`adidas is the owner by assignment of all right, title, and interest in and to United
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`States Patent No. 7,292,867 (“the ’867 patent”), including the right to sue for past damages. The
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`’867 patent was duly and legally issued by the United States Patent and Trademark Office on
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`November 6, 2007, is active, and is entitled “Location-aware fitness training device, methods,
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`and program products that support real-time interactive communication and automated route
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`generation.” A true and correct copy of the ’867 patent is attached hereto as Exhibit A.
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`11.
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`adidas is the owner by assignment of all right, title, and interest in and to United
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`States Patent No. 7,805,149 (“the ’149 patent”), including the right to sue for past damages. The
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`’149 patent was duly and legally issued by the United States Patent and Trademark Office on
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`September 28, 2010, is active, and is entitled “Location-aware fitness training device, methods,
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`and program products that support real-time interactive communication and automated route
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`generation.” A true and correct copy of the ’149 patent is attached hereto as Exhibit B.
`
`12.
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`adidas is the owner by assignment of all right, title, and interest in and to United
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`States Patent No. 7,941,160 (“the ’160 patent”), including the right to sue for past damages. The
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`’160 patent was duly and legally issued by the United States Patent and Trademark Office on
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`May 10, 2011, is active, and is entitled “Location-aware fitness training device, methods, and
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`program products that support real-time interactive communication and automated route
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`generation.” A true and correct copy of the ’160 patent is attached hereto as Exhibit C.
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`13.
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`adidas is the owner by assignment of all right, title, and interest in and to United
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`States Patent No. 7,957,752 (“the ’752 patent”), including the right to sue for past damages. The
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`’752 patent was duly and legally issued by the United States Patent and Trademark Office on
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`3
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`

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`Case 1:14-cv-00130-GMS Document 1 Filed 02/04/14 Page 4 of 27 PageID #: 4
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`June 7, 2011, is active, and is entitled “Location-aware fitness training device, methods, and
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`program products that support real-time interactive communication and automated route
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`generation.” A true and correct copy of the ’752 patent is attached hereto as Exhibit D.
`
`14.
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`adidas is the owner by assignment of all right, title, and interest in and to United
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`States Patent No. 8,068,858 (“the ’858 patent”), including the right to sue for past damages. The
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`’858 patent was duly and legally issued by the United States Patent and Trademark Office on
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`November 29, 2011, is active, and is entitled “Methods and computer program products for
`
`providing information about a user during a physical activity.” A true and correct copy of the
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`’858 patent is attached hereto as Exhibit E.
`
`15.
`
`adidas is the owner by assignment of all right, title, and interest in and to United
`
`States Patent No. 8,244,226 (“the ’226 patent”), including the right to sue for past damages. The
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`’226 patent was duly and legally issued by the United States Patent and Trademark Office on
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`August 14, 2012, is active, and is entitled “Systems and methods for presenting characteristics
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`associated with a physical activity route.” A true and correct copy of the ’226 patent is attached
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`hereto as Exhibit F.
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`16.
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`adidas is the owner by assignment of all right, title, and interest in and to United
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`States Patent No. 7,905,815 (“the ’815 patent”), including the right to sue for past damages. The
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`’815 patent was duly and legally issued by the United States Patent and Trademark Office on
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`March 15, 2011, is active, and is entitled “Personal data collection systems and methods.” A true
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`and correct copy of the ’815 patent is attached hereto as Exhibit G.
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`17.
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`adidas is the owner by assignment of all right, title, and interest in and to United
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`States Patent No. 7,931,562 (“the ’562 patent”), including the right to sue for past damages. The
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`’562 patent was duly and legally issued by the United States Patent and Trademark Office on
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`4
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`

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`Case 1:14-cv-00130-GMS Document 1 Filed 02/04/14 Page 5 of 27 PageID #: 5
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`April 26, 2011, is active, and is entitled “Mobile Data Logging Systems and Methods.” A true
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`and correct copy of the ’562 patent is attached hereto as Exhibit H.
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`18.
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`adidas is the owner by assignment of all right, title, and interest in and to United
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`States Patent No. 8,092,345 (“the ’345 patent”), including the right to sue for past damages. The
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`’345 patent was duly and legally issued by the United States Patent and Trademark Office on
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`January 10, 2012, is active, and is entitled “Systems and Methods for a Portable Electronic
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`Journal.” A true and correct copy of the ’345 patent is attached hereto as Exhibit I.
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`19.
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`adidas is the owner by assignment of all right, title, and interest in and to United
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`States Patent No. 8,579, 767 (“the ’767 patent”), including the right to sue for past damages. The
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`’767 patent was duly and legally issued by the United States Patent and Trademark Office on
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`November 12, 2013, is active, and is entitled “Performance Monitoring Apparatuses, Methods,
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`and Computer Program Products.” A true and correct copy of the ’767 patent is attached hereto
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`as Exhibit J.
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`GENERAL ALLEGATIONS
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`20.
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`Defendant Under Armour makes, uses, imports, sells, or offers for sale mobile
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`systems, software, devices, or methods for collecting personal data, including at least the
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`Armour39™ product, peripherals and/or associated devices such as the Armour39™ module,
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`Armour39™ chest strap, Armour39™ watch, supporting software and mobile app, and their
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`respective desktop and/or server software and interfaces (collectively, the “UA Accused
`
`Products”) together with related services (the “UA Accused Services”).
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`21.
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`The UA Accused Products and Services include software for use on a mobile
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`device.
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`5
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`

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`Case 1:14-cv-00130-GMS Document 1 Filed 02/04/14 Page 6 of 27 PageID #: 6
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`22.
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`The UA Accused Products and Services, in conjunction with related products,
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`include the capability to record, store, transmit, and/or receive personal data.
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`23.
`
`The UA Accused Products and Services, in conjunction with related products and
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`services, include the capability to record, store, transmit, receive, determine, and/or display
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`personal data, including athletic performance information, of at least one user of the UA Accused
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`Products and Services.
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`24.
`
`The UA Accused Products and Services, in conjunction with related products,
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`include the ability to record and/or store media, including text data.
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`25.
`
`The UA Accused Products and Services comprise multiple devices including for
`
`example, multiple sensors, modules, mobile phone systems, and related software.
`
`26.
`
`Defendant MapMyFitness makes, uses, imports, sells, or offers for sale mobile
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`systems, software, or methods for detecting, evaluating, or analyzing movement of a body or
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`determining performance information, including at least the MapMyFitness, MapMyWalk,
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`MapMyHike, MapMyRun, MapMyRide, and MapMyDogwalk mobile applications, their
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`respective desktop and server software and interfaces, and associated products including but not
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`limited to the MapMyFitness Heart Rate Monitor (collectively, the “MMF Accused Products”),
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`together with related services (the “MMF Accused Services”).
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`27.
`
`The MMF Accused Products and Services include software for use on a mobile
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`device with a global positioning system (GPS) receiver.
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`28.
`
`The MMF Accused Products and Services include software and interfaces on one
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`or more servers that are owned, operated, placed into service, or otherwise controlled by
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`Defendant MapMyFitness.
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`6
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`

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`Case 1:14-cv-00130-GMS Document 1 Filed 02/04/14 Page 7 of 27 PageID #: 7
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`29.
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`Each of the MMF Accused Products and Services include the capability to receive
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`and store information regarding users, including but not limited to location information at a
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`plurality of waypoints.
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`30.
`
`The MMF Accused Products and Services also include the capability to measure,
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`capture, determine, store, display, transmit, and/or receive other information, including but not
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`limited to athletic performance information based at least in part on user location at the
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`waypoints.
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`31.
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`The MMF Accused Products and Services transmit data obtained during a user
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`fitness activity wirelessly. The MMF Accused Products and Services transmit such data
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`wirelessly to a server.
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`32.
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`At least one of the MMF Accused Products and/or Services permits users to
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`assign ratings to and/or annotate fitness routes.
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`33.
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`At least one of the MMF Accused Products and/or Services includes receiving
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`data from another device, for example a heart rate monitor, and associating data from such
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`device with other information regarding a fitness activity. The MMF Accused Products and
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`Services also may receive data from a plurality of other devices, including but not limited to a
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`stride sensor, cadence sensor, or power measuring sensor.
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`34.
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`The MMF Accused Products and/or Services are especially designed, adapted, or
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`configured to operate as described in paragraphs 26-33 of this Complaint.
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`35.
`
`Under Armour was aware of adidas patents related to tracking athletic
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`performance, including many of the patents asserted in this Complaint.
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`36.
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`Under Armour’s Director of Innovation and Research was a Senior Innovation
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`Engineering Manager of adidas with direct knowledge adidas’ patent portfolio. Accordingly
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`7
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`Case 1:14-cv-00130-GMS Document 1 Filed 02/04/14 Page 8 of 27 PageID #: 8
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`Under Armour, by and through its Director of Innovation and Research, has direct knowledge of
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`adidas’ patent portfolio, including the patents asserted in this Complaint.
`
`37.
`
`At the time of the acquisition of MapMyFitness, Under Armour stated “As part of
`
`the collaboration, Under Armour will add depth to its digital capability, offering athletes an
`
`elevated training experience through new digital products and platforms.” Under Armour’s
`
`acquisition of MapMyFitness, is driven in part by Under Armour’s desire to integrate various
`
`digital products, including Under Armour digital products, with the MapMyFitness Accused
`
`Products and Services:
`
`This partnership is about Under Armour enhancing our digital
`expertise to drive the future of performance innovation for the
`global athlete community," said Kevin Plank, Founder and CEO of
`Under Armour. "We will build on the community of over 20
`million registered users that MapMyFitness has cultivated in the
`connected fitness space, and together we will serve as a destination
`for the measurement and analytics needs of all athletes. Innovation
`has always been at the core of our company, and now we are better
`positioned to design open, digital products for the athlete of
`tomorrow and become more proactive in providing solutions that
`will help people across the world lead healthier lifestyles.1
`
`38. Moreover, Mr. Robin Thurston, MapMyFitness Co-Founder and CEO has
`
`similarly expressed the intention to integrate the UA Accused Products and Services with MMF
`
`Accused Products and Services:
`
`MapMyFitness has engaged and built a global community, making
`advanced training tools more accessible through our web and
`mobile platforms. The combination of Under Armour's powerful
`commitment to athletes and innovation and our connected fitness
`technology allows us to better serve the needs of athletes around
`the world.2
`
`
`1 See, http://www.uabiz.com/releasedetail.cfm?ReleaseID=807138 (last visited Feb. 2, 2014).
`2 Id.
`
`8
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`

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`Case 1:14-cv-00130-GMS Document 1 Filed 02/04/14 Page 9 of 27 PageID #: 9
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`39.
`
`Upon information and belief, Under Armour and MapMyFitness communicated
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`about relevant industry patent rights. As a result of such communications, MapMyFitness
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`provided certain indemnifications and warranties to Under Armour. Upon information and
`
`belief, consistent with the announced intentions of Under Armour and MapMyFitness, after
`
`Under Armour’s acquisition of MapMyFitness, Under Armour’s Director of Innovation and
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`Research participated on behalf of Under Armour in integrating MapMyFitness into Under
`
`Armour.
`
`40.
`
`Accordingly, both Under Armour and MapMyFitness either had knowledge of or
`
`gained knowledge of the patents asserted in this Complaint.
`
`41.
`
`Upon information and belief, Under Armour and MapMyFitness have acted in
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`concert in the fitness technology marketplace, with Under Armour supporting and encouraging
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`MapMyFitness’s
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`activities.
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`(See,
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`http://about.mapmyfitness.com/2013/11/underarmour
`
`(describing the “partnership” between Under Armour and MapMyFitness)).
`
`COUNT I
`(Infringement of United States Patent No. 7,905,815 by Under Armour)
`
`adidas realleges and incorporates herein by reference the allegations set forth in
`
`42.
`
`paragraphs 1-41 of this Complaint.
`
`43.
`
`Defendant Under Armour directly infringes, literally or under the doctrine of
`
`equivalents, one or more claims of the ’815 patent by, without authority, making, using,
`
`importing, selling, or offering to sell the UA Accused Products and Services within the United
`
`States, in violation of 35 U.S.C. § 271(a).
`
`44.
`
`Defendant UA has known of the ’815 patent, as well as the fact that its customers
`
`use the UA Accused Products and Services in a manner that infringes one or more claims of the
`
`9
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`

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`Case 1:14-cv-00130-GMS Document 1 Filed 02/04/14 Page 10 of 27 PageID #: 10
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`ʼ815 patent, in accordance with the allegations set forth in paragraphs 35-41 at least since the
`
`date of service of this Complaint.
`
`45.
`
`Defendant UA indirectly infringes the ’815 patent within the United States by
`
`inducement under 35 U.S.C. § 271(b). Since learning of the ’815 patent and by failing to cease
`
`offering the UA Accused Products and Accused Services, Defendant Under Armour has
`
`knowingly and intentionally induced users of the UA Accused Products and Services to directly
`
`infringe one or more claims of the ’815 patent. It does so, inter alia, by (1) providing
`
`instructions or information, for example on its publicly available websites (See, e.g.,
`
`http://www.underarmour.com/shop/us/en/armour39/faqsandspecs), to explain how to use the UA
`
`Accused Products and Services in an infringing manner, including the use of the UA Accused
`
`Products and Services in manners described in paragraphs 20-25 above, which are expressly
`
`incorporated herein; and (2) touting these infringing uses of the UA Accused Products and
`
`Services in advertisements including but not limited to those on its websites and other mobile
`
`app marketplace websites.
`
`46.
`
`Defendant Under Armour indirectly infringes the ’815 patent by contributing to
`
`the direct infringement of end users under 35 U.S.C. § 271(c) by providing the UA Accused
`
`Products and Services, which, as evidenced by Defendant Under Armour’s websites and
`
`advertisements (See, e.g., http://www.underarmour.com/shop/us/en/armour39/faqsandspecs), are
`
`especially made for use in a manner infringing one or more claims of the ʼ815 patent as
`
`described in paragraphs 20-25 above and have no substantial non-infringing uses.
`
`47.
`
`adidas has been and continues to be injured by Defendant Under Armour’s
`
`infringement of the ’815 patent. adidas is entitled to recover damages adequate to compensate it
`
`10
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`

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`Case 1:14-cv-00130-GMS Document 1 Filed 02/04/14 Page 11 of 27 PageID #: 11
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`for Defendant Under Armour’s infringing activities in an amount to be determined at trial but in
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`no event less than a reasonable royalty.
`
`48.
`
` Unless enjoined by this Court, Defendant Under Armour’s acts of infringement
`
`will continue to damage adidas irreparably.
`
`COUNT II
`(Infringement of United States Patent No. 7,931,562 by Under Armour)
`
`adidas realleges and incorporates herein by reference the allegations set forth in
`
`49.
`
`Paragraphs 1-48 of this Complaint.
`
`50.
`
`Defendant Under Armour directly infringes, literally or under the doctrine of
`
`equivalents, one or more claims of the ’562 patent by, without authority, making, using,
`
`importing, selling, or offering to sell the UA Accused Products and Services within the United
`
`States, in violation of 35 U.S.C. § 271(a).
`
`51.
`
`Defendant UA has known of the ’562 patent, as well as the fact that its customers
`
`use the UA Accused Products and Services in a manner that infringes one or more claims of the
`
`ʼ562 patent, in accordance with the allegations set forth in paragraphs 35-41 at least since the
`
`date of service of this Complaint.
`
`52.
`
`Defendant UA indirectly infringes the ’562 patent within the United States by
`
`inducement under 35 U.S.C. § 271(b). Since learning of the ’562 patent and by failing to cease
`
`offering the UA Accused Products and Accused Services, Defendant Under Armour has
`
`knowingly and intentionally induced users of the UA Accused Products and Services to directly
`
`infringe one or more claims of the ’562 patent. It does so, inter alia, by (1) providing
`
`instructions or information, for example on its publicly available websites (See, e.g.,
`
`http://www.underarmour.com/shop/us/en/armour39/faqsandspecs), to explain how to use the UA
`
`Accused Products and Services in an infringing manner, including the use of the UA Accused
`
`11
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`

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`Case 1:14-cv-00130-GMS Document 1 Filed 02/04/14 Page 12 of 27 PageID #: 12
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`Products and Services in manners described in paragraphs 20-25 above, which are expressly
`
`incorporated herein; and (2) touting these infringing uses of the UA Accused Products and
`
`Services in advertisements including but not limited to those on its websites and other mobile
`
`app marketplace websites.
`
`53.
`
`Defendant Under Armour indirectly infringes the ’562 patent by contributing to
`
`the direct infringement of end users under 35 U.S.C. § 271(c) by providing the UA Accused
`
`Products and Services, which, as evidenced by Defendant Under Armour’s websites and
`
`advertisements (See, e.g., http://www.underarmour.com/shop/us/en/armour39/faqsandspecs), are
`
`especially made for use in a manner infringing one or more claims of the ʼ562 patent as
`
`described in paragraphs 20-25 above and have no substantial non-infringing uses.
`
`54.
`
`adidas has been and continues to be injured by Defendant Under Armour’s
`
`infringement of the ’562 patent. adidas is entitled to recover damages adequate to compensate it
`
`for Defendant Under Armour’s infringing activities in an amount to be determined at trial but in
`
`no event less than a reasonable royalty.
`
`55.
`
` Unless enjoined by this Court, Defendant Under Armour’s acts of infringement
`
`will continue to damage adidas irreparably.
`
`COUNT III
`(Infringement of United States Patent No. 7,292,867 by MapMyFitness)
`
`adidas realleges and incorporates herein by reference the allegations set forth in
`
`56.
`
`Paragraphs 1-55 of this Complaint.
`
`57.
`
`Defendant MapMyFitness directly infringes, literally or under the doctrine of
`
`equivalents, one or more claims of the ’867 patent by, without authority, making, using,
`
`importing, selling, or offering to sell the MMF Accused Products and Services within the United
`
`States, in violation of 35 U.S.C. § 271(a).
`
`12
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`

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`Case 1:14-cv-00130-GMS Document 1 Filed 02/04/14 Page 13 of 27 PageID #: 13
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`58.
`
`Defendant MapMyFitness has known of the ’867 patent, as well as the fact that its
`
`customers use the MMF Accused Products and Services in a manner that infringes one or more
`
`claims of the ʼ867 patent, in accordance with the allegations set forth in paragraphs 35-41 at least
`
`since the date of service of this Complaint.
`
`59.
`
`Defendant MapMyFitness indirectly infringes the ’867 patent within the United
`
`States by inducement under 35 U.S.C. § 271(b). Since learning of the ’867 patent and by failing
`
`to cease offering the MMF Accused Products and Accused Services, Defendant MapMyFitness
`
`has knowingly and intentionally induced users of the MMF Accused Products and Services to
`
`directly infringe one or more claims of the ’867 patent. It does so, inter alia, by (1) providing
`
`instructions or information, for example on its publicly available websites (See, e.g.,
`
`http://www.mapmyrun.com/app/ and linked pages), to explain how to use the MMF Accused
`
`Products and Services in an infringing manner, including the use of the MMF Accused Products
`
`and Services in manners described in paragraphs 26-33 above, which are expressly incorporated
`
`herein; and (2) touting these infringing uses of the MMF Accused Products and Services in
`
`advertisements including but not limited to those on its websites and other mobile app
`
`marketplace websites.
`
`60.
`
`Defendant MapMyFitness indirectly infringes the ’867 patent by contributing to
`
`the direct infringement of end users under 35 U.S.C. § 271(c) by providing the MMF Accused
`
`Products and Services, which, as evidenced by Defendant MapMyFitness’s websites and
`
`advertisements (See, e.g., http://www.mapmyrun.com/app/ and linked pages), are especially
`
`made for use in a manner infringing one or more claims of the ʼ867 patent as described in
`
`paragraphs 26-33 above and have no substantial non-infringing uses.
`
`13
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`Case 1:14-cv-00130-GMS Document 1 Filed 02/04/14 Page 14 of 27 PageID #: 14
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`61.
`
`adidas has been and continues to be injured by Defendant MapMyFitness’s
`
`infringement of the ’867 patent. adidas is entitled to recover damages adequate to compensate it
`
`for Defendant MapMyFitness’s infringing activities in an amount to be determined at trial but in
`
`no event less than a reasonable royalty.
`
`62.
`
` Unless enjoined by this Court, Defendant MapMyFitness’s acts of infringement
`
`will continue to damage adidas irreparably.
`
`COUNT IV
`(Infringement of United States Patent No. 7,805,149 by MapMyFitness)
`
`
`63.
`
`adidas realleges and incorporates herein by reference the allegations set forth in
`
`Paragraphs 1-62 of this Complaint.
`
`64.
`
`Defendant MapMyFitness directly infringes, literally or under the doctrine of
`
`equivalents, one or more claims of the ’149 patent by, without authority, making, using,
`
`importing, selling, or offering to sell the MMF Accused Products and Services within the United
`
`States, in violation of 35 U.S.C. § 271(a).
`
`65.
`
`Defendant MapMyFitness has known of the ’149 patent, as well as the fact that its
`
`customers use the MMF Accused Products and Services in a manner that infringes one or more
`
`claims of the ʼ149 patent, in accordance with the allegations set forth in paragraphs 35-41 at least
`
`since the date of service of this Complaint.
`
`66.
`
`Defendant MapMyFitness indirectly infringes the ’149 patent within the United
`
`States by inducement under 35 U.S.C. § 271(b). Since learning of the ’149 patent and by failing
`
`to cease offering the MMF Accused Products and Accused Services, Defendant MapMyFitness
`
`has knowingly and intentionally induced users of the MMF Accused Products and Services to
`
`directly infringe one or more claims of the ’149 patent. Defendant MapMyFitness does so by,
`
`inter alia, (1) providing instructions, for example on its publicly available websites (See, e.g.,
`
`14
`
`

`
`Case 1:14-cv-00130-GMS Document 1 Filed 02/04/14 Page 15 of 27 PageID #: 15
`
`http://www.mapmyrun.com/app/ and linked pages), to explain how to use infringing features of
`
`the MMF Accused Products and Services, including those features highlighted in paragraphs 26-
`
`33 above, which are expressly incorporated herein; and (2) touting these infringing features of
`
`the MMF Accused Products and Services in advertisements including but not limited to those on
`
`its websites and other mobile app marketplace websites.
`
`67.
`
`Defendant MapMyFitness indirectly infringes the ’149 patent by contributing to
`
`the direct infringement of end users under 35 U.S.C. § 271(c) by providing the MMF Accused
`
`Products and Services, which, as evidenced by Defendant MapMyFitness’s websites and
`
`advertisements (See, e.g., http://www.mapmyrun.com/app/ and linked pages), are especially
`
`made for use in a manner infringing one or more claims of the ʼ149 patent as described in
`
`paragraphs 26-33 above and have no substantial non-infringing uses.
`
`68.
`
`adidas has been and continues to be injured by Defendant MapMyFitness’s
`
`infringement of the ’149 patent. adidas is entitled to recover damages adequate to compensate it
`
`for Defendant MapMyFitness’s infringing activities in an amount to be determined at trial but in
`
`no event less than a reasonable royalty.
`
`69.
`
` Unless enjoined by this Court, Defendant MapMyFitness’s acts of infringement
`
`will continue to damage adidas irreparably.
`
`COUNT V
`(Infringement of United States Patent No. 7,941,160 by MapMyFitness)
`
`
`70.
`
`adidas realleges and incorporates herein by reference the allegations set forth in
`
`Paragraphs 1-69 of this Complaint.
`
`71.
`
`Defendant MapMyFitness directly infringes, literally or under the doctrine of
`
`equivalents, one or more claims of the ’160 patent by, without authority, making, using,
`
`15
`
`

`
`Case 1:14-cv-00130-GMS Document 1 Filed 02/04/14 Page 16 of 27 PageID #: 16
`
`importing, selling, or offering to sell the MMF Accused Products and Services within the United
`
`States, in violation of 35 U.S.C. § 271(a).
`
`72.
`
`Defendant MapMyFitness has known of the ’160 patent, as well as the fact that its
`
`customers use the MMF Accused Products and Services in a manner that infringes one or more
`
`claims of the ʼ160 patent, in accordance with the allegations set forth in paragraphs 35-41 or at
`
`least since the date of service of this Complaint.
`
`73.
`
`Defendant MapMyFitness indirectly infringes the ’160 patent within the United
`
`States by inducement under 35 U.S.C. § 271(b). Since learning of the ’160 patent and by failing
`
`to cease offering the MMF Accused Products and Accused Services, Defendant MapMyFitness
`
`has knowingly and intentionally induced users of the MMF Accused Products and Services to
`
`directly infringe one or more claims of the ’160 patent. Defendant MapMyFitness does so by,
`
`inter alia, (1) providing instructions, for example on its publicly available websites (See, e.g.,
`
`http://www.mapmyrun.com/app/ and linked pages), to explain how to use infringing features of
`
`the MMF Accused Products and Services, including those features highlighted in paragraphs 26-
`
`33 above, which are expressly incorporated herein; and (2) touting these infringing features of
`
`the MMF Accused Products and Services in advertisements including but not limited to those on
`
`its websites and other mobile app marketplace websites.
`
`74.
`
`Defendant MapMyFitness indirectly infringes the ’160 patent by contributing to
`
`the direct infringement of end users under 35 U.S.C. § 271(c) by providing the MMF Accused
`
`Products and Services, which, as evidenced by Defendant MapMyFitness’s websites and
`
`advertisements (See, e.g., http://www.mapmyrun.com/app/ and linked pages), are especially
`
`made for use in a manner infringing one or more claims of the ʼ160 patent as described in
`
`paragraphs 26-33 above and have no substantial non-infringing uses.
`
`16
`
`

`
`Case 1:14-cv-00130-GMS Document 1 Filed 02/04/14 Page 17 of 27 PageID #: 17
`
`75.
`
`adidas has been and continues to be injured by Defendant MapMyFitness’s
`
`infringement of the ’160 patent. adidas is entitled to recover damages adequate to compensate it
`
`for Defendant MapMyFitness’s infringing activities in an amount to be determined at trial but in
`
`no event less than a reasonable royalty.
`
`76.
`
`Unless enjoined by this Court, Defendant MapMyFitness’s acts of infringement
`
`will continue to damage adidas irreparably.
`
`COUNT VI
`(Infringement of United States Patent No. 7,957,752 by MapMyFitness)
`
`77.
`
`adidas realleges and incorporates herein by reference the allegations set forth in
`
`
`
`Paragraphs 1-76 of this Complaint.
`
`78.
`
`Defendant MapMyFitness directly infringes, literally or under the doctrine of
`
`equivalents, one or more claims of the ’752 patent by, without authority, making, using,
`
`importing, selling, or offering to sell the MMF Accused Products and Services within the United
`
`States, in violation of 35 U.S.C. § 271(a).
`
`79.
`
`adidas has been and continues to be injured by Defendant MapMyFitness’s
`
`infringement of the ’752 patent. adidas is entitled to recover damages adequate to compensate it
`
`for Defendant MapMyFitness’s infringing activities in an amount to be determined at trial but in
`
`no event less than a reasonable royalty.
`
`80.
`
` Unless enjoined by this Court, Defendant MapMyFitness’s acts of infringement
`
`will continue to damage adidas irreparably.
`
`COUNT VII
`(Infringement of United States Patent No. 8,068,858 by MapMyFitness)
`
`81.
`
`adidas realleges and incorporates herein by reference the allegations set forth in
`
`Paragraphs 1-80 of this Complaint.
`
`17
`
`

`
`Case 1:14-cv-00130-GMS Document 1 Filed 02/04/14 Page 18 of 27 PageID #: 18
`
`82.
`
`Defendant MapMyFitness directly infringes, literally or under the doctrine of
`
`equivalents, one or mo

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